2025:JHHC:13981 -: 1 :- A.B.A. No.5834 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Α.Β.Α. Νο. 5834 of 2024 ---- Md. Shahmat @ Sahmad Ansari @ Md. Sahmad S/o Md. Rahmat Ansari, resident of Shamser Nagar, Naya Imambara, PO PS Jharia, District Dhanbad. … Petitioner -versus- The State of Jharkhand … Opposite Party ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Saibal Kumar Laik, Advocate For the Opp. Party: Ms. Lily Sahay, Advocate ---- 08/09.05.2025 Through the present anticipatory bail application, the petitioner, apprehending his arrest, has prayed for grant of anticipatory bail in connection with Jharia Police Station Case No.79 of 2024 for allegedly committing offence under Sections 341, 324, 307 of the Indian Penal Code, pending in the Court of the Additional Chief Judicial Magistrate at Dhanbad. 2. This case was taken up on 08.05.2025 and the counsel for the parties had argued in support of their respective contentions at length. 3. The prosecution case is based on the written report of the informant, wherein he has alleged that after returning from hawking while he was sitting outside his house, this petitioner thrashed him and with an intention to kill him, assaulted him with knife due to which he suffered injury on his head. After the assault he felt unconscious. 4. Learned counsel for the petitioner argued that at the alleged time of occurrence, the petitioner was not present at the place of occurrence. He also contended that the medical certificate produced by the informant in course of investigation suggests that the injury is simple in nature. Learned counsel submitted that the petitioner has duly complied with the notice issued under Section 41(A) of the Code of Criminal Procedure and is always ready to co-operate with the investigation. 5. Learned APP appearing for the State opposed the prayer for anticipatory bail of the petitioner. 6. Though the allegation of assault against the petitioner is specific, the injury suffered by the informant was simple in nature. Further, the medical document is also from a private hospital. From the record, it also appears that 2025:JHHC:13981 -: 2 :- A.B.A. No.5834 of 2024 brother of the petitioner was murdered for which a case was instituted wherein, brother of the informant is an accused. There appears to be high probability that the petitioner has been falsely implicated in this case as because brother of the informant has been implicated in connection with murder of the petitioner’s brother. There is nothing on the record to show that the petitioner was evading investigation. 7. Considering the simple nature of injury and considering the high probability of petitioner’s false implication, I am inclined to allow this anticipatory bail application. The petitioner, named above, is directed to surrender before the Court below within four weeks from today and in the event of his surrender and/or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Dhanbad in connection with Jharia Police Station Case No.79 of 2024, subject to the condition that one of the bailers of the petitioner should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his own name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 8. This anticipatory bail application is, accordingly, allowed. (Ananda Sen, J.) Kumar/Cp-03