INAMUL HAQUE ALIAS BHUTTU MIAN ALIAS ENAMUL HAQUE v. THE STATE OF JHARKHAND
Cr.A(SJ)/572/2024 · 2025-01-27
Ambuj Nath
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 24410 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24410 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 572 of 2024
1. Inamul Haque @ Bhuttu Mian @ Enamul Haque, aged about 46 years, son of Daud Ansari @ Dukhi Mian.
2. Md. Sahban @ Sahban Ansari, aged about 39 years, son of Khurshid Mian.
3. Raju Ansari @ Riyaz Ansari, aged about 35 years, son of Khurshid Mian.
4. Saddam Ansari @ Md. Saddam, aged about 32 years, Son of Md. Khurshid Mian. 5.Safaruddin Ansari, aged about 54 years, son of Gulmuhammad Ansari.
6. Md. Safaul Ansari, aged about 35 years, son of Gulmuhammad Ansari.
7. Md. Qayum @ Qayum Ansari, aged about 51 years, son of Wakil Mian.
8. Faudari Mian @ Fajual Ansari @ Fajlul Ansari, aged about 55 years, son of Wakil Mian
9. Nasir Mian @ Nasruddin Ansari, aged about 42 years, son of Muslim Ansari. 10.Samsuddin Mian @ Samsuddin Ansari, aged about 48 years, son of Muslim Ansari.
11. Usman Mian @ Usman Ansari, aged about 55 years, son of Hakim Ansari.
12. Basruddin Mian @ Basruddin Ansari, aged about 61 years, son of late Chamtu Mian.
13. Muslim Mian @ Muslim Ansari, aged about 71 years, son of Late Chamtu Mian. All are residents of village- Lohari, P.O. and P.S.- Gandey, District- Giridih, Jharkhand.
… Appellants
- Versus -
1. The State of Jharkhand
2. Khiru Turi, son of late Hulas Turi, resident of village- Lohari, P.O. and P.S.- Gandey, District- Giridih, Jharkhand. … Respondents
------
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----- For the Appellants : Md. Zaid Ahmed, Advocate For the Res.-State : Mrs. Lily Sahay, A.P.P. For the Respondent No.2 : Mr. Kamdeo Pandey, Advocate
--- 04/27.01.2025
Heard the parties. The appellants have filed this criminal appeal against order dated 06.08.2024 passed in A.B.P. No.824 of 2024 by Sri Gopal Pandey, learned Special Judge, SC/ST, Giridih, whereby and wherein Sri Gopal Pandey, learned Special Judge, SC/ST, Giridih dismissed the anticipatory bail of the appellants. The appellants are apprehending their arrest in connection with
-2- Gandey P.S. Case No.26 of 2023, for the offences under Sections 147, 148, 341, 323, 324, 325, 307, 354, 427 of the I.P.C. and Section 3(i)(r)(s) of the SC/ST Act, pending in the court of learned Special Judge, SC/ST, Giridih. It is alleged that the appellants along with co-accused persons had gone to the land of the informant and attempted to dispossess them and they also damaged the boundary wall. It is also alleged that accused persons abused the informant by his caste name and assaulted his family members. Md. Zaid Ahmed, learned counsel for the appellants submitted that there is general and omnibus allegation against all the accused persons except appellant No.2 Md. Sahban @ Sahban Ansari and appellant No.5 Safaruddin Ansari that they had assaulted the informant and other injured persons. Mr. Kamdeo Pandey, learned counsel appearing on behalf of the respondent No.2 has vehemently opposed the prayer for bail. It appears that the occurrence had taken place due to land dispute between the parties. It further appears that apart from appellant No.2 Md. Sahban @ Sahban Ansari and appellant No.5 Safaruddin Ansari, there are general and omnibus allegations against rest of the appellants. Considering the aforesaid facts, I am not inclined to release the appellant No.2 Md. Sahban @ Sahban Ansari and appellant No.5 Safaruddin Ansari, on Anticipatory Bail. Accordingly, their prayer for Anticipatory Bail stands rejected. As far as other appellant Nos.1, 3, 4 and 6 to 13, named above, are
directed to surrender before the learned court below within two weeks from the date of receipt of this order and the learned court below on their surrender, shall release them on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of learned Special Judge, SC/ST, Giridih, in connection with Gandey P.S. Case No.26 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023.
(Ambuj Nath, J.) Jay/-