Jharkhand High Court

Fajle Hasan @ Chand Sah @ Fajle Hasan v. The State of Jharkhand

2026:JHHC:26948 · B.A./8337/2026

Decision date
2026-09-08
Text availability
Full text
Judges
Anil Kumar Choudhary

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Judgment text

[2026:JHHC:26948] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.8337 of 2026 ------ Fajle Hasan @ Chand Sah @ Fajle Hassan, aged about 27 years, son of Moshir Raza, resident of Village Chaikala, P.O. Chouparan, P.S. Chouparan, District- Hazaribagh (Jharkhand) .... .... …. Petitioner Versus The State of Jharkhand .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Jitendra Shankar Singh, Sr. Advocate Mr. Avishek Chandra, Advocate For the State : Mr. Vijoy Kr. Sinha, Addl.P.P ------ Order No.02 Dated-08-09-2026 Heard the parties. The petitioner has been made accused in connection with Chouparan P.S. Case No.163 of 2025 registered for the offences punishable under Section 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 324(4), 352, 351(2) of the B.N.S., 2023. Learned senior counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was member of an unlawful assembly and in prosecution of the common object of the assembly attempted to murder Sakina Khatoon, Najim Hussain, Md. Kayam Hussain, Dawar Hussain, Saddam Hussain, Md.

Alamuddin, Md. Arbaz, Md. Salman and Md. Abdul Kalam. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-16 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is next submitted that there was a free-fight between the parties and for the self-same occurrence, from the side of the petitioner, Sabra Khatoon who is the wife of a co-accused has first lodged Chouparan P.S. Case No.161 of 2025 and as a counter-blast, this case has been registered. It is further submitted that the petitioner had no intention to kill anyone. It is next submitted that the only allegation against the petitioner is that the petitioner was exhorting the co-accused persons to assault the victims but there is no allegation against the petitioner of himself assaulting the victims. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case and that he will not annoy or disturb the witnesses of the case in any manner during the trial of the case. It is lastly submitted that the petitioner has been in custody since 08.06.2026 as has been mentioned in para-18 of the instant bail application. Hence it is submitted that the petitioner be released on bail. Learned Addl. P.P. opposes the prayer for bail.

Considering the facts of this case, the above-named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Hazaribagh in connection with Chouparan P.S. Case No.163 of 2025 with the condition that he will co-operate with the trial of the case, furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case and will not annoy or disturb the witnesses of the case in any manner during the trial of the case. (Anil Kumar Choudhary, J.) Dated-08.09.2026-Animesh/