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2025 DAILYLAW 36272 (JHR)

MD TANVEER ALAM v. THE STATE OF JHARKHAND

A.B.A./5299/2025 · 2025-10-30

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:32728 --1-- A.B.A. No. 5299 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5299 of 2025 ---- 1. Md. Tanveer Alam, aged about 26 years 2. Gulam Mustafa, aged about 40 years 3. Taj Hussain, aged about 25 years 4. Md. Saddam Husain @ Mohammad Saddam, aged about 33 years All are sons of Gulam Rasul 5. Gulam Rasul, aged about 70 years, son of Late Tanu Miyan All are R/o Village – Lal Bazar, PO – Khorimahua, PS – Dhanwar, District - Giridih .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Md. Razaullah Ansari, Advocate For the State :- Mrs. Lily Sahay, Advocate For the Informant :- Shree Nivas Roy, Advocate ---- 05/30.10.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Dhanwar P.S. Case No.273 of 2023, for the alleged offences registered under Sections 341, 323, 324, 325, 354, 307, 379, 504 and 506/34 of Indian Penal Code pending in the Court of learned J.M.F.C., Giridih. 3. Learned counsel appearing for the petitioners submits that there are case and counter case between the parties and first case was lodged by informant’s side and both the sides have received the 2025:JHHC:32728 --2-- A.B.A. No. 5299 of 2025 injury. He further submits that there are general and omnibus allegation against all the accused person of assault. He then submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.13 of the petition. He also submits that in the counter case the informant’s side has been granted anticipatory bail in ABA No.4602 of 2025. 4. Learned counsel appearing for the State opposes the prayer and submits that the allegation of assault is there and even the injury is found to be grievous in nature. 5. Learned counsel appearing for the Informant opposes the prayer and submits that the father of the informant has received the grievous injury pursuant to the assault made by the petitioners. 6. Considering that there are case and counter case between the parties and both the sides have received the injury and in the case filed by the petitioners’ side against the informant’s side the informant’s side has been granted anticipatory bail in ABA No.4602 of 2025 and there are general and omnibus allegation against the petitioners and it is not clear that on whose blow the grievous injury has been received by the father of the informant and the petitioners have got no criminal antecedent as disclosed in paragraph No.13 of the petition, I am inclined to provide anticipatory bail to the petitioners. 7. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks 2025:JHHC:32728 --3-- A.B.A. No. 5299 of 2025 from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, 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.F.C., Giridih in connection with Dhanwar P.S. Case No.273 of 2023, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 30.10.2025 Sangam/