Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 37426 (JHR)

TABARAK ANSARI ALIAS TABARAK HUSSAIN v. THE STATE OF JHARKHAND

B.A./10701/2025 · 2025-12-19

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:38210] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.10701 of 2025 ------ Tabarak Ansari @ Tabarak Hussain, aged about 50 years, Son of Idrish Mian, Resident of Village- Nagarwa Pathar, P.O.- Karharbari, P.S.- Pachamba, District- Giridih. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Kamdeo Pandey, Advocate For the State : Mrs. Anuradha Sahay, Addl.P.P. ------ Order No.03 Dated-19-12-2025 Heard the parties. The petitioner has been made accused in connection with Pachamba P.S. Case No. 59 of 2024 registered for the offences punishable under Sections 147/148/149/341/324/307/302 of the Indian Penal Code. This is the second journey of the petitioner with the prayer for regular bail. Earlier the prayer for regular bail of the petitioner was dismissed as withdrawn vide order dated 26.09.2025 passed in B.A. No.8708 of 2025. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed murder of Md. Mubarak Ansari. It is next submitted that the allegation against the petitioner is false. It is then submitted that the specific allegation of assault upon the head of Md. Mubarak Ansari is upon the co- accused Imran Ansari. It is then submitted that the co-accused has already been admitted to bail by a Co-ordinate Bench of this Court vide order dated 11.03.2025 passed in B.A. No. 10864 of 2024. It is further submitted that the petitioner has been in custody since 28.06.2025. It is also submitted that the petitioner is ready and willing to co-operate with trial of the case. Hence, it is submitted that the petitioner be released on bail. Learned counsel appearing for the State on the other hand opposes the prayer for regular bail of the petitioner and submits that when the accused persons the case committed offences being members of an unlawful assembly, each of the members is squarely responsible for the offences committed by the unlawful assembly and the same principle is also applicable to the bail applications. It is next submitted that in view of the direct and specific allegations against the petitioner of committing murder of Md. Mubarak Ansari and attempting to murder others, there is every chance of the petitioner absconding and tampering with the evidence, if released on bail. Hence, it is submitted that the petitioner ought not to be released on bail. Considering the serious nature of allegations against the petitioner and the chance of his absconding and tampering with the evidence, if released on bail; this Court is not inclined to admit the above named petitioner to bail. Accordingly, the prayer for regular bail of the above named petitioner is rejected. (Anil Kumar Choudhary, J.) Dated:- 19.12.2025 Saroj/