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2025 DAILYLAW 18965 (JHR)

MD MAHIR ABBAS ALIAS MOHD MAHIR ANSARI v. THE STATE OF JHARKHAND

A.B.A./3860/2025 · 2025-08-01

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:21421 ] IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 3860 of 2025 Md. Mahir Abbas @ Mohd. Mahir Ansari, aged about 46 years, S/o Idrish Khalifa, resident of Dangalpara, P.O. + P.S.- Dumka (Town), Dist.- Dumka … Petitioner Versus The State of Jharkhand … Opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioners : Mr. S.P.Roy , Adv. For the State : Mr. Arup Kr. Dey , Addl. PP. 04 / 01.08.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Dumka (T) P.S. Case No. 228 of 2024 registered for the offences punishable under Sections 191 (2), 126 (2), 115 (2), 109(1), 324 (5), 351 (3) of the BNS, 2023. Learned counsel appearing for the petitioner submits that this is the second journey of the petitioner with the prayer for anticipatory bail and earlier the prayer for anticipatory bail was dismissed as withdrawn vide order dated 19.02.2025 passed in A.B.A. no. 1052 of 2025. It is further submitted by learned counsel for the petitioner that after withdrawal of the anticipatory bail application, the co- accused-Chandar Kewat has been granted the privilege of anticipatory bail by this Bench vide order dated 09.04.2025 passed in ABA No. 2280 of 2025. It is then submitted that the allegations against the petitioner are all false. It is further submitted by learned counsel for the petitioner that the victim has not sustained any injury as has been stated by her to the police which has been recorded in para 30 of the Case Diary and because of the land dispute between the co- accused and the informant, this false case has been foisted. It is next submitted that the dispute between the co-accused and the informant is civil dispute and a cloak of criminal offence has been given to a purely civil dispute. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and he undertakes not to annoy or disturb the informant or her family members in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released 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 CJM, Dumka in connection with Dumka (T) P.S. Case No. 228 of 2024 subject to the condition that the petitioner will not annoy or disturb the informant or her family members in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-