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2025 DAILYLAW 7112 (JHR)

NASRUDDIN ANSARI @ NASRUDDIN SHEIKH v. THE STATE OF JHARKHAND

A.B.A./1871/2025 · 2025-03-25

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1871 of 2025 ------ 1. Nasruddin Ansari @ Nasruddin Sheikh, aged about 45 years S/o Suman Sekh, R/o At- Jatro Banjari, P.O.- Dawankara, P.S.- Manjigaw, Dist.- Garhwa, State- Jharkhand. 2. Ahmad Ansari, aged about 53 years, S/o Rahmuddin Ansari, R/o At- Semri, P.O. & P.S.- Bardiha, Dist.- Garhwa, State- Jharkhand .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Sheo Kumar Singh, Advocate For the State : Mr. Achinto Sen, Addl.P.P ------ Order No.02 Dated-25-03-2025 Heard the parties. Apprehending their arrest in connection with Bardiha P.S. Case No.04 of 2025 instituted under Sections 316(2)/318(4) of the B.N.S., 2023 and Section 25 of MANREGA Act, 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 have committed cheating and criminal breach of trust and by being owners of the JCB, gave the same on hire to the co-accused persons to use them in work allotted to them under the MANREGA. It is next submitted that the allegation against the petitioners is false. Drawing attention of this court towards para-11 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is further submitted that the petitioner No.1 is not the owner of any JCB machine and the petitioner No.2 is a beneficiary of two plots. It is then submitted that nowhere it has been mentioned, as to how much money or property has been misappropriated or defrauded. 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.25,000/- 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 SDJM, Garhwa in connection with Bardiha P.S. Case No.04 of 2025 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 numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers 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.) Saroj/