MUKHTAR ANSARI ALIAS MOKHTAR SHEKH v. THE STATE OF JHARKHAND
A.B.A./560/2025 · 2025-01-27
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4120 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4120 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.560 of 2025
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1. Mukhtar Ansari @ Mokhtar Shekh aged about 78 years son of Late Kasim Shekh.
2. Gulam Rasul Ansari aged about 45 years son of Mokhtar Sheikh
3. Nasim Ansari aged about 38 years son of Bhukhnar Ansari
All are residents of Jatri Banjari, P.O.- Adar Police Station, Bardiha, District- Garhwa
.... .... …. Petitioners
Versus
The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Amit Kr. Choubey, Advocate
For the State
: Mr. Satish Prasad, Addl.P.P
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Order No.02 Dated- 27-01-2025
Heard the parties.
Apprehending their arrest in connection with Bardiha P.S. Case No.22 of 2024 instituted under Sections 323, 341, 307, 325, 147, 148, 149 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were members of an unlawful assembly and in prosecution of the common object of the assembly being armed with dangerous weapons, attempted to murder Najmuddin Ansari and Mobin Ansari It is submitted that the allegation against the petitioners is false. It is next submitted that the genesis of the occurrence is land dispute between the parties. It is further submitted that for the self- same occurrence, from the side of the petitioners, Bardiha P.S. Case No.23 of 2024 has also been lodged. It is also submitted that there was a free-fight between the parties and the petitioners had no intention to kill anybody. It is then submitted that the petitioners undertake that they will not annoy or disturb the informant or the victims or any of their family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to
furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners.
Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.20,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Garhwa in connection with Bardiha P.S. Case No.22 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant or the victims or any of their family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/