B.A./8434/2026 of MD. IZHAR HUSSAIN @ IZHAR ANSARI @ IZHAR HUSSAIN Vs STATE OF JHARKHAND on 30 September 2026

1. Md. Izhar Hussain @ Izhar Ansari @ Izhar Hussain, aged about 22 years, Son of Gulzar Hussain, Resident of Malgodam Road, P.O. & P.S.- Udit Nagar, District- Raurkela, Odisha.

2. Md. Rakib, aged about 29 years, Son of Md. Nausad, resident of Chanmali, Ward No. 9, P.O. & P.S.- Chakradharpur, District- West Singhbhum, Jharkhand. .... .... …. Petitioners

Versus The State of Jharkhand

.... .... .... Opposite Party

------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------

For the Petitioner : Mr. Pradyot Chatterjee, Advocate For the State

: Mr. Rajesh Kumar, Addl.P.P.

------ Order No:-02 Dated:-30-09-2026

Heard the parties. The petitioners have been made accused in connection with Bank More P.S. Case No.48 of 2026 registered for the offences punishable under Sections 111(2)(b), 111(4), 61(2) of the B.N.S., 2023 and Section 25(6), 25(1-B)(a), 26, 35 of the Arms Act. Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were in illegal possession of one pistol loaded with two live cartridges which the petitioners were kept hiding. It is next submitted that the allegation against the petitioners is false. It is further submitted that the petitioner no.1 has been in custody since 08.04.2026 and petitioner no.2 has been in custody since 25.04.2026 as mentioned in para-17 of the instant bail application. It is then submitted that there is direct allegation against the petitioner no.1 that he fired upon Haider Ansari @ Babli, causing fire arm injury and thereafter, he escaped from the place of occurrence, but later on he led to recovery of one country made pistol loaded with two live cartridges. It is also submitted that the charge has been framed on 28.07.2026, but no witnesses have been examined. It is then submitted that the petitioner no.2 has been implicated in this case only on the basis of the confessional statement of the petitioner no.1. It is lastly submitted that the petitioners undertake to co-operate with the trial of the case and also undertake not to annoy or disturb the witnesses of the case in any manner during the trial of the case. Hence, it is submitted that the petitioners be released on bail. Learned counsel appearing for the State vehemently opposes the prayer for bail of the petitioners and submits that keeping in view the direct allegation against petitioner no.1 as well as his criminal antecedent as mentioned in para 12 of the bail application, the petitioner is not entitled to bail. It is next submitted that there is every chance of the petitioner no.1 absconding and tampering with the evidence, if released on bail. Hence, it is submitted that the petitioner no.1 ought not to be released on bail. Considering the serious nature of allegation against the petitioner no.1 namely Md. Izhar Ansari @ Izhar Ansari @ Izhar Hussain and the chance of the petitioner absconding and tampering with the evidence, if released on bail as also his criminal antecedent; this Court is not inclined to admit the petitioner no.1- Md. Izhar Ansari @ Izhar Ansari@ Izhar Hussain on bail. Hence, the prayer for regular bail of the petitioner no.1 (Md. Izhar Ansari @ Izhar Ansari@ Izhar Hussain) is rejected. But considering the facts that there is no direct allegation against the petitioner no.2 and the co-accused person with similar allegation has already been admitted to bail by this Court vide order dated 14.07.2026 in B.A. No. 6528 of 2026; the petitioner no. 2 namely -Md. Rakib 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 to the satisfaction of the learned Chief Judicial Magistrate, Dhanbad in connection with Bank More P.S. Case No.48 of 2026 with the condition that he will co-operate with the trial of the case and furnish his mobile numbers and photocopy of the Aadhar Cards in the court below with an undertaking that he will not change their mobile numbers during the trial of the case and he will not annoy or disturb the witnesses of the case in any manner during the trial of the case.

(Anil Kumar Choudhary, J.) Dated:- 30.09.2026 Amar/