Jharkhand High Court
Md. Kurban Khan @ Kurban Khan vs The State Of Jharkhand on 20 June, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:16219
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.3289 of 2024
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Md. Kurban Khan @ Kurban Khan, S/o Isak Khan, R/o Village
Bahera, P.O. Loharsi, P.S. Piparatand, District Palamau.
... ... Petitioner
Versus
1. The State of Jharkhand.
2. Mohammad Ahmad Raza, S/o Karmuddin Miyan, R/o Village
Bidra, P.O. Loharsi, P.S. Pipratand, District Palamau.
... ... Opposite Parties
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Baban Prasad, Advocate
For the State : Mrs. Ruby Pandey, A.P.P.
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14/ 20.06.2025
Heard the parties.
2. This anticipatory bail application under Section 438 and
440 of the Cr.P.C., has been preferred by the petitioner
apprehending his arrest for offence under Sections 420, 406, 506
and 34 IPC.
3. Learned A.P.P. representing the State opposes the
prayer for anticipatory bail.
4. Notice under Section 35(3) of the BNSS has been issued
to the petitioner. The petitioner has filed an affidavit stating therein
that he has appeared before the police but he has not been
arrested. He undertakes to cooperate in the investigation.
5. Issuance of Notice under Section 35(3) of the BNSS
suggests that the police does not feel it necessary to arrest the
petitioner.
6. Since the petitioner has appeared before the Police /
Investigating Officer and is cooperating in the investigation, I am
inclined to grant anticipatory bail to this petitioner.
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2025:JHHC:16219
7. If the petitioner does not cooperate with the
investigation in future, it will be open to the Court concerned to
cancel the bail of the petitioner.
8. With the aforesaid observation, this Anticipatory Bail
Application stands allowed. The petitioner, above named, is
directed to surrender before the learned court below within four
weeks from the date of receipt of copy of this order and on the
event of his surrender or arrest, he shall be released on bail on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand), with
two sureties of the like amount each, to the satisfaction of learned
Judicial Magistrate, Palamau at Daltonganj, in connection with
Pipratand P.S. Case No.38 of 2023, subject to the condition that
one of the bailers should be a close relative of the petitioner and
other should be a resident of State of Jharkhand, having sufficient
landed property in his name or in the name of his ancestors in
which he is having share and to that effect, he has to file an
affidavit before the Trial Court indicating his share in the property.
(ANANDA SEN, J.)
Prashant. Cp-3
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