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2025 DAILYLAW 19286 (JHR)

KADIR MIYAN ALIAS ABDUL KADIR ANSARI v. THE STATE OF JHARKHAND

A.B.A./3804/2025 · 2025-09-24

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:19726 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3804 of 2025 1. Kadir Miyan @ Abdul Kadir Ansari, aged about 43 years, Son of Alim Miyan, 2. Sakib Ansari @ Sakim Ansari, aged about 19 years, Son of Kadir Miyan @ Abdul Kadir Ansari, 3. Jahanara Bibi, aged about 41 years, Wife of Kadir Miyan @ Abdul Kadir Ansari, All are resident of Village- Fulpahari, Ward No. 09, P.O. and P.S.- Littipara, District- Pakur, Jharkhand. … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Sumit Gautam, Advocate For the State : Mr. Sardhu Mahto, A.P.P. ----- 02/24.09.2025 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Littipara P.S. Case No.25 of 2025, registered for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 118(2), 109(1), 74, 352 of the BNS, 2023, pending in the Court of the learned Additional Chief Judicial Magistrate at Pakur. 3. Learned counsel appearing for the petitioners submits that there is general and omnibus allegations of assault against the petitioners. He submits that the scuffle took place due to land dispute. He also submits that petitioners and the informants are family members. On this ground, he prays that the anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposed the prayer and submits that the injury was sustained by the nephew of the informant. 2025:JHHC:19726 2 5. Looking into the contents of the FIR, it transpires that there are direct allegations of assault against the petitioner no. 1, Kadir Miyan @ Abdul Kadir Ansari and as such, I am not inclined to extend the privilege of anticipatory bail to the petitioner no. 1 Kadir Miyan @ Abdul Kadir Ansari. Accordingly, the prayer for anticipatory bail of the petitioner no. 1 is hereby rejected. 6. So far, the petitioner nos. 2 and 3 are concerned. There are general and omnibus allegations against them. Therefore, I am inclined to extend the privilege of anticipatory bail to the petitioner no.2 Sakib Ansari @ Sakim Ansari and petitioner no.3 Jahanara Bibi. 7. Accordingly, the above-named petitioner no. 2 Sakib Ansari @ Sakim Ansari and petitioner no.3 Jahanara Bibi are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate at Pakur in connection with Littipara P.S. Case No. 25 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 24th September, 2025 Simran/