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2025 DAILYLAW 7036 (JHR)

NISHAR ANSARI ALIAS CHHOTU v. THE STATE OF JHARKHAND

B.A./2236/2025 · 2025-08-29

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:26184 ] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2236 of 2025 Nishar Ansari @ Chhotu, aged 26 years, son of Samassuddin Ansari, R/o village- Siriyatongar, P.O.- Tandwa, P.S.- Ramna, Dist.- Garhwa … Petitioner Versus The State of Jharkhand … Opp. Party With B.A. No. 2327 of 2025 Sadre Alam, aged about 20 years, S/o Aslam Shah, R/o village- Kadhwan, P.O.- Bhojpur, P.S.- Nagar Untari, Dist.- Garhwa, (Jharkhand) … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Pankaj Srivastava,Adv. Mr. S.T.Sajid,Adv. For the State : Mr. Suraj Deo Munda, Addl.PP. Mr. Vijoy Kr. Sinha, Addl.PP. 06 / 29.08.2025 Heard the parties. The petitioners have been made accused in connection with Garhwa P. S. case no. 689 of 2024 instituted under Section 310 (2) of BNS, 2023. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in committing dacoity along with six other persons. It is submitted that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioners that though the petitioners have been identified in the TIP but the TIP has not been properly conducted. It is next submitted that the petitioners have been in jail custody since 26.12.2024 , as mentioned in para 1 of the bail application. It is next submitted by learned counsel for the petitioner that the petitioners are ready and willing to co-operate with the trial of the case hence, the petitioners may be admitted on regular bail. Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that keeping in view of the serious nature of allegation against the petitioners of committing dacoity and looting truck after inflicting injuries to the victim, there is every chance of the petitioners absconding, if released on bail and also there is chance of the petitioners’ tampering with the evidence. It is therefore submitted that the petitioners ought not be released on bail at this stage. Considering the serious nature of allegation against the petitioners as well as the chance of their tampering with the evidence and absconding, if released on bail, this Court is of the considered view that this is not a fit case where the above-named petitioners be released on bail. Accordingly, the prayer for bail of the above-named petitioners is rejected at this stage. (ANIL KUMAR CHOUDHARY, J.) Smita/-