2025:JHHC:13614 -: 1 :- A.B.A. No.5483 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Α.Β.Α. Νο. 5483 of 2024 ---- Md. Monajir Ansari @ Md. Monajire Ansari, S/o Rashid Ansari, R/o In front of Baliapur UCO Bank, PO PS Baliapur, Dist. Dhanbad. … … Petitioner Versus The State of Jharkhand … … Opposite Party ---- For the Petitioner : Mr. Shailesh Kumar Singh, Advocate For the Opp. Party : Mr. Arup Kumar Dey, A.P.P. ---- 07/29.04.2025 Heard the learned counsel for the petitioner and the learned counsel appearing for the State. 2. Through this anticipatory bail application filed under Sections 482 and 484 of the Bharatiya Nagrik Suraksha Sanhita, 2023, the petitioner, apprehending his arrest in connection with Baliapur Police Station Case No.118 of 2023, for allegedly committing offence under Sections 302/34 of the Indian Penal Code, pending in the Court of the Judicial Magistrate First Class, Dhanbad, has prayed for grant of anticipatory bail. 3. The case of the prosecution is that the informant received a phone call from Sheikh Mumtaz, intimating him that his son, Md. Asif (deceased), was in the hospital. The informant rushed to the hospital and found his son’s condition to be very serious. It has been alleged by the informant that his son stated that he had some heated argument with the petitioner which further became very nasty and the petitioner twisted the neck of deceased and the son of the petitioner also assaulted the deceased with fist and kicks. 4. Learned counsel for the petitioner submits that the entire case is false, fabricated and a concocted story. The post-mortem report of the deceased that came in the Dainik Jagran newspaper spoke about the consumption of poison by the deceased boy, hence, the reason of death was poison alone and nothing else. The newspaper article was also supported by photograph at the time of death which clearly implicated that the cause of death was poison as foamy substance was coming out of the mouth of deceased. 5. Learned APP submits that there is direct allegation against the petitioner that he along with co-accused person assaulted informant’s son with fist and kicks, who died on way while being brought to the hospital. Furthermore, during the course of investigation the petitioner was found absconding. 2025:JHHC:13614 -: 2 :- A.B.A. No.5483 of 2024 6. From the Case Diary, it appears that there was no external injury found on the person of the deceased, which is apparent from paragraph 33 of the Case Diary. At paragraph 28 and 29 of the case diary, Md. Akram and Md. Shamim have stated in their statement recorded by the police that there was altercation between them and the petitioner caught hold of neck of the deceased and thereafter his condition deteriorated. 7. So far as consumption of poison is concerned, it is apparent from paragraph 33 of the supplementary case diary, which is Forensic Report, that no metallic, alkaloidal pesticidal volatile or non-solid poisons was found in the viscera, which suggests that story of consumption of poison is not correct. 8. Considering the direct allegation of assault against the petitioner, I find that this is not a fit case for grant of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, abovenamed, in connection with Baliapur Police Station Case No. 118 of 2023, pending in the Court of the Judicial Magistrate First Class, Dhanbad, is rejected. 9. This anticipatory bail application is, accordingly, dismissed. (Ananda Sen, J.) Kumar/Cp-03