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2025 DAILYLAW 5428 (JHR)

SAFARUDDIN ANSARI ALIAS SARFUDDIN MIAN v. THE STATE OF JHARKHAND

A.B.A./968/2025 · 2025-02-13

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.968 of 2025 ------ 1. Safaruddin Ansari @ Sarfuddin Mian, aged about 46 years, s/o late Khurshid Mian 2. Subhan Mian @ Md. Abdul Suman Ansari, aged about 40 years, s/o late Khurshid Mian 3. Taslim Mian, aged about 58 years, s/o Jamadali Mian 4. Asin Mian @ Asin Ansari, aged about 45 years, s/o Taslim Mian 5. Nisar Ansari @ Nawab Hussain, aged about 25 years, s/o Safaruddin Ansari @ Safruddin Mian 6. Kuresha Bibi, aged about 43 years, w/o Safruddin Ansari 7. Matijan Bibi @ Matijan Khaton, aged about 56 years, w/o Asin Mian all r/o vill. Asahna PO+PS Palajori dist. Deoghar .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rahul Ranjan, Advocate For the State : Ms. Nehala Sharmin, Spl.P.P For the Informant : Mr. Arvind Kr. Choudhary, Advocate ------ Order No.02 Dated- 13-02-2025 Heard the parties. Apprehending their arrest in connection with Palajori P.S. Case No.65 of 2024 instituted under Sections 191(1)/ 191(3)/ 190/ 115(2)/ 118(1)/118(2)/ 117(2)/ /109, 303(2), 352, 351 of BNS, 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 the member of an unlawful assembly and being armed with deadly weapons, attempted to murder the members of the informant also. It is then submitted that the genesis of occurrence is a land dispute. It is next submitted that the allegations against the petitioner are general and omnibus in nature and for the selfsame occurrence from the side of the petitioners, petitioner no.2 has lodged Palajori P.S. Case No. 66 of 2024 and petitioners had no intention to kill anybody and there was a free fight between the parties. 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 and further undertake that they will not annoy or disturb the informant in any manner during the pendency 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. 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 cash security of Rs.5000/- each 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 JMFC, Madhupur in connection with Palajori P.S. Case No.65 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 further undertake that they will not annoy or disturb the informant 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.) Anjali/