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2025 DAILYLAW 3527 (JHR)

MUMTAZ ANSARI v. STATE OF JHARKHAND

A.B.A./591/2025 · 2025-01-28

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 591 of 2025 ------ 1. Mumtaz Ansari, aged 70 years, old son of Kasim Ansari 2. Mobin Ansari, aged 41 years, old son of Momtaj Ansari 3. Najmuddin Ansari, aged 52 years, son of Md. Momtaj Ansari All resident of Village-Jatro Banjari, P.O.-Majhiaon, P.S.- Bardiha, Dist.-Garhwa … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Sabyasanchi, Advocate For the State : Mr. Rakesh Ranjan, Addl. P.P. ------ Order No.02 Dated- 28.01.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Bardiha P.S. Case No.23 of 2024 registered under sections 147/ 148/149/323/341/307/325 of the Indian Penal Code. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were members of unlawful assembly and in prosecution of the common object of the assembly attempted to murder Nashim Ansari, Gulam Rasul Ansari and Mukhtar Shekh. It is further submitted that the allegations against the petitioners are all false and Gulam Rasul Ansari and Nashim Ansari have sustained simple injuries and the injury sustained by Mukhtar Shekh is on the forearm which is not the vital part of the body. It is next submitted that for the selfsame occurrence, from the side of the petitioners, first Bardiha P.S. Case No. 22 of 2024 was lodged and as a counter blast, this false case has been foisted. It is then submitted that the informant party was the aggressor party and the petitioners had no intention to kill anybody. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case and further undertake that they will not annoy or disturb the informant, victims or any of their family members in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs. 10,000/- each and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M., Garhwa, in connection with Bardiha P.S. Case No.23 of 2024 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the informant, victims or any of their family members in any manner during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-