Atibul Shekh Alias Ataul Shekh Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Atibul Shekh Alias Ataul Shekh Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted: surrender in the Court below within six weeks; on arrest or surrender, enlargement on bail on cash security of Rs.10,000/- each and bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of learned C.J.M., Pakur in connection with Maheshpur P.S. Case No.146 of 2024, subject to conditions including co-operation with investigation, appearing before the investigating officer, furnishing mobile number and Aadhar photocopy, non-harassment of the informant's son and family, and further conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Maheshpur P.S. Case No.146 of 2024, should be granted the privileges of anticipatory bail.

Court's answer

Considering the submissions of learned counsels and the facts and circumstances stated, the court was inclined to grant privileges of anticipatory bail to the petitioners.

Ratio / Principle

The petitioners were directed to surrender before the court below within six weeks; upon arrest or surrender they are to be enlarged on bail on cash security of Rs.10,000/- each and bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of learned C.J.M., Pakur, conditioned on co-operating with the investigation, appearing before the investigating officer as noticed, furnishing mobile number and Aadhar photocopy with an undertaking not to change numbers, refraining from annoying or disturbing the informant's son or family during pendency, and complying with conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — High Court of Jharkhand at Ranchi — Petitioners apprehending arrest in Maheshpur P.S. Case No.146 of 2024, instituted under Sections 109(1), 115(2), 352, 126(2), 3(5) of the B.N.S., 2023 (alleged attempt to murder the informant's son in furtherance of common intention), were held entitled to the privileges of anticipatory bail. They were directed to surrender before the Court below within six weeks and, on arrest or surrender, to be enlarged on bail on depositing cash security of Rs.10,000/- each and furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned C.J.M., Pakur, subject to conditions of co-operation with the investigation, appearance before the investigating officer as and when noticed, furnishing mobile number and photocopy of Aadhar Card with an undertaking not to change mobile numbers, non-annoyance/non-disturbance of the informant's son and family during the pendency of the case, and further conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.178 of 2025

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Atibul Shekh @ Ataul Shekh age about 45 years, S/o-Mantu Shekh,

Shishful Shekh age about 21 years, S/o-Ataul Shekh, both resident of village-Maheshpur, P.O.-Maheshpur, P.S.-Maheshpur, District-Pakur (Jharkhand).

.... .... …. Petitioners

Versus

The State of Jharkhand .... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Md. Yasir Arafat, Advocate For the State : Mr. Suraj Deo Munda, Addl.P.P.

Order No.02 Dated- 20/01/2025

Heard the parties.

Apprehending their arrest in connection with Maheshpur P.S. Case No.146 of 2024 instituted under Sections 109(1), 115(2), 352, 126(2), 3(5) of the B.N.S., 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons, attempted to murder the son of the informant namely Tulu Shekh. It is submitted that the allegation against the petitioners is false. It is next submitted that so far, there is no allegation of victim sustaining any grievous injury. It is also submitted that the petitioners undertake that they will not annoy or disturb the son of the informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are

directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing cash security of Rs.10,000/- each and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Pakur in connection with Maheshpur P.S. Case No.146 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile numbers and they will not annoy or disturb the son of the informant or any of his family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Abhiraj/