WASIM MIYAN ALIAS MD WASIM AKRAM v. THE STATE OF JHARKHAND
A.B.A./1060/2025 · 2025-02-19
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5218 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5218 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1060 of 2025
1. Wasim Miyan @ Md. Wasim Akram, aged about 36 years, S/o- Md. Ajim Uddin,
2. Sarfaraz Ansari @ Md. Sarfraj, aged about 33 years, S/o- Karamat Miyan,
3. Taiyab Ansari @ Mohammad Taiyab Ali, aged about 34 years, S/o- Suleman Miyan,
4. Mukhtar Miyan @ Md. Mukhtar, aged about 56 years, S/o- Late Voli Miya,
5. Noor Mahammad @ Nur Mohammad, aged about 62 years, S/o- Late Mahbali Miyan,
6. Kalim Miyan @ Md. Kalim, aged about 42 years, S/o- Ahamad Miyan,
7. Barakat Miyan @ Barkat Miyan, aged about 59 years, S/o- Late Usman Miyan,
8. Jainul Miyan @ Jainul Ansari, aged about 41 years, S/o- Sadik Miyan,
9. Kayum Miyan, aged about 55 years, S/o- Late Hadisha Miya,
10. Mahabali Miyan, aged about 78 years, S/o- Late Nirmal Miyan, All resident of vill Kargalikhurd, Jataha, P.O.-Galavati, P.S.- Dhanwar, Dist- Giridih.
… Petitioners
Versus
The State of Jharkhand
… opp. Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Pran Pranay, Adv. For the State : Mr. Fahad Allam , Addl. PP
02 / 19.02.2025
Heard the parties.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Dhanwar P.S. Case No. 15 of 2024 registered under Sections 147, 148, 149, 341, 323, 337, 338, 153 (A), 296, 504 of the Indian Penal Code.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners being the members of an unlawful assembly, armed with deadly weapon, threw stones over members of the religious procession, injuring several persons and promoted enmity between different groups on the ground of religion. It is then submitted that the allegations against the petitioners are all false. It is further
submitted by learned counsel for the petitioners that the petitioners have no criminal antecedent, as mentioned in paragraph 12 of the anticipatory bail application. It is further submitted by learned counsel for the petitioners that for the selfsame occurrence, from the side of the petitioners Dhanwar P.S. case no. 16 of 2024 has been instituted. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security and they undertake not to annoy or disturb the informant or the members of his religion in any manner during pendency of the case hence, the petitioners be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on depositing Rs. 10,000/- each as cash security 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 JMFC, Giridih in connection with Dhanwar P.S. Case No. 15 of 2024 subject to the condition that the petitioners will not annoy or disturb the informant or the members of his religion in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under Section 482 (2) of BNSS, 2023.
(ANIL KUMAR CHOUDHARY, J.) Smita/-