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2025 DAILYLAW 16628 (JHR)

MD IRFAN ANSARI v. THE STATE OF JHARKHAND

A.B.A./3266/2025 · 2025-06-16

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:15774 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3266 of 2025 ----- 1.Md. Irfan Ansari, S/o Shamsher Miya, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 2.Wasim Akram @ Wasim Ansari, S/o Kudus Ansari, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 3.Md. Sonu @ Sarfaraj Ansari, S/o Jalil Miya, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 4.Gulam Haidar @ Sulam Haider @ Abdur Rahman, S/o Mubarak Hussain, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 5.Md. Saukat @ Saukat Ali, S/o Jalil Miya, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 6.Md. Mojam Alam, S/o Ashraf Miya, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 7.Md. Taiab Ansari @ Md. Taiyab, S/o Md. Ashim, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 8.Md. Shabban @ Md. Shahbaj, S/o Asim Miya, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 9.Md. Biranga @ Md. Mokram Rajja, S/o Ashraf Miya, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 10.Mehbul Alam @ Kaila, S/o Minhaj Miya, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 11.Md. Seraj @ Md. Beraj, S/o Kamruddin Ansari, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 12.Gaffar Ansari @ Md. Jiyaul Haque, S/o Sattar Ansari, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 13.Md. Masuk @ Md. Masuk @ Sahid Rajja, S/o Kadir Miya, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand 14.Md. Dastgir Ansari @ Lalbari @ Larbari, S/o Mukhtar Miya, R/o Village Dumraun Ichak Hazaribagh, P.O. & P.S. Ichak, District- Hazaribagh, Jharkhand .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Vandana Singh, Advocate For the State : Mr. Suraj Deo Munda, AddI. P.P. …...... 02/ 16.06.2025: Heard, learned counsel for the petitioners and learned counsel for the State. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest in connection with Ichak P.S. Case No. 30 of 2025, for offences under Sections 191(1), 192, 190, 132, 196, 299, 293, 326(f), 326(g), 324(5), 125(a), 125(b) and 61 of Bharatiya Nyaya Sanhita, 2023. The case is presently pending before the Court of Learned J.M. 1st class, Hazaribag. 3. The allegation levelled against the petitioners is that on 26th February 2025 around 8:00 A.M., the informant and armed forces were patrolling ahead of the Mahashivratri festival when they received information about a conflict between two communities near Rajkiya Prathmik Urdu Vidyalaya at Hindustan Chowk in Dumraon village. Members of the Hindu community were trying to install a loudspeaker and flag on a tower, which the Muslim community opposed. 400–500 people were gathered at the spot and Both groups started raising objectionable slogans, and someone threw a stone, sparking a communal clash. People from both sides began throwing stones, and despite police efforts, some miscreants set fire to few vehicles and shop and damaged other vehicles. The police dispersed the crowd. CCTV footage helped identify 45 named and about 200 unknown individuals involved in the violence. 4. Learned counsel for the petitioners submits that the petitioners are completely innocent and have been falsely implicated in this case. She further submits that the petitioners have no criminal background and have been named in the FIR merely on basis of suspicion, with no evidence or specific acts attributed to them. She further submits that the allegations made are vague and nothing on record suggested that petitioners were involved in the offences mentioned in FIR. 5. The learned APP appearing for the state has opposed the prayer for anticipatory bail. He submits that the petitioner is not entitled to the privilege of anticipatory bail. He further submits that the petitioners are named in the FIR, and the prosecution witnesses have also supported the allegations. He further submits that serious charges have been levelled against the petitioner, including insulting religion sentiment using criminal force against police officers on duty, damaging vehicles, and setting on fire a tailor shop. 6. After hearing the parties and from the perusal of the impugned order, I find that the allegations against the petitioners are serious in nature. There is allegation against these petitioners that they got actively involved in disturbing communal harmony. Considering the stage of investigation and the supporting material on record including witnesses, I find that this is not a fit case for grant of anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners in connection with Ichak P.S. Case No.30 of 2025, pending in the Court of learned Judicial Magistrate 1st Class, Hazaribag, stands rejected. 7. Accordingly, this Anticipatory Bail Application stands dismissed. (ANANDA SEN, J.) R.S./