Musafir Hawari Vs State of Jharkhand

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( 2026:JHHC:5060 )

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 11492 of 2025

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Musafir Hawari, aged about 20 years, son of Satar Baitha, resident of Miskar Tola, Ward No.14, Chuhari, P.O. and P.S.-Chuhari, Dist.-East Champaran, State-Bihar … … Petitioner

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Versus The State of Jharkhand …. Respondent

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--------CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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---------- For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate For the State : Mr. Ajay Kr. Pathak, A.P.P. -----------

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03/Dated: 19^th February, 2026

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Heard MR. R.S. Mazumdar, learned senior counsel for the petitioner and learned A.P.P.

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The petitioner has been made accused in connection with S.T. No.320 of 2025 arising out of Chas P.S. Case No. 99 of 2025 registered under sections 309(4) of Bhartiya Nyaya Sanhita.

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It has been alleged that on 23.06.2025 at around 5:15 pm, four criminals entered into the shop of the informant and on the point of revolver and pistol, have taken out all the gold and silver jewelries as well as cash of Rs.60,000/-.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case only on the basis of confessional statement of the co-accused person. No incriminating articles have been recovered from the possession of the petitioner. It has further been submitted that similarly situated, one of the co-accused, namely Saurabh Kumar @ Sourabh Kumar has already been granted bail by the Co-ordinate Bench of this Court in B.A. No.11707 of 2025. It is further submitted that five gold rings were recovered from the possession of the petitioner at the time of raid conducted in his house on the basis of confession of the coaccused person, however, the same have not been put under T.I. Parade to connect the involvement of the present petitioner in this case. Chargesheet has been submitted against the petitioner, therefore, there is no

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( 2026:JHHC:5060 )

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likelihood of tampering with the prosecution evidence. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. It is next submitted that the petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 26.06.2025 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

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Learned Addl. P.P. has opposed the prayer for bail of the petitioner and has submitted that there is a recovery of five gold rings from the possession of the petitioner showing his involvement in the alleged offence, which was committed in the jewellery shop of the informant. Hence, the petitioner may not be enlarged on bail.

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Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Bokaro in connection with S.T. No.320 of 2025 arising out of Chas P.S. Case No. 99 of 2025 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.

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(Pradeep Kumar Srivastava, J.)

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Pappu /-

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19/02/2026

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Musafir Hawari v. State of Jharkhand

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Musafir Hawari v. State of Jharkhand

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