Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1308 of 2025
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1. Ayub Ansari aged about 56 years, son of Late Gendo Miyan
2. Afzal Ansari aged about 21 years son of Ayub Ansari
3. Akhtar Ansari @ Akhtar, aged about 25 years, son of Ayub Ansari
4. Nazrul Ansari, aged about 23 years, son of Ayub Ansari
5. Samsuddin Ansari, aged about 58 years, son of Jahuri Miyan, All are residents of village-Lahiya, P.O. & P.S.-Penk Narayanpur, Dist.-Bokaro
.... .... …. 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 : Ms. Pinki Kumari, Advocate
For the State
: Mr. Bishambhar Shastri, Addl. P.P
For the Informant : Mr. Atanu Banerjee, Advocate
Mr. Aditya Banerjee, Advocate
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Order No.02 Dated- 25-02-2025
Heard the parties.
Apprehending their arrest in connection with Penk Narayanpur P.S. Case No.43 of 2024 instituted under Sections 190, 191(2), 191(3), 115(2), 117(2), 118(2), 109, 74, 303(2), 352 and 351(2)(3) of B.N.S, 2023, 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 member of an unlawful assembly armed with deadly weapons attempted to murder the informant and outraged the modesty of the female members of the family and committed theft of jewelry. It is next submitted that the allegations against the petitioners are false. It is submitted that the informant party is the aggressor party and from the side of the petitioners Penk Narayanpur P.S. Case No.32 of 2024 was instituted and as a counterblast, this false case has been foisted after a delay of about three months of alleged occurrence; as an afterthought. It is next submitted that the petitioners have no intention to kill anybody. Drawing attention of this Court towards para-18 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is then submitted that the co-accused, with similar allegations,
have already been given anticipatory bail by this Court vide order dated 19.02.2025 in A.B.A. No.1127 of 2025. It is also submitted that the petitioners will not annoy or disturb the informant-victim or any of his 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. 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.
Learned counsel for the informant submits that allegation against the petitioner Nos.1, 4 and 5 is direct and specific regarding the assault and the injury is attributable to these petitioners. It is next submitted that regarding petitioner No.2 and 3, there is specific allegation of having committed the offence punishable under Section 74 of the BNS, 2023. It is next submitted that the case of the co-accused persons who have been granted anticipatory bail stands on a different footing.
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 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 Additional Chief Judicial Magistrate, Bermo at Tenughat in connection with Penk Narayanpur P.S. Case No.43 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 petitioners will not annoy or disturb the informant- victim or any of his family members in any manner during the pendency of the case further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.) Rohit/