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2025 DAILYLAW 8379 (JHR)

MD. KAUSAR ANSARI ALIAS KAUSAR ANSARI v. THE STATE OF JHARKHAND

A.B.A./1770/2025 · 2025-03-21

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1770 of 2025 ------ 1. Md. Kausar Ansari @ Kausar Ansari, Aged about 37 years, Son of Md. Ramjan Ansari, Resident of- Ward No.-5, Village- Nawada, P.O.- Nawada, P.S.- Garhwa, District- Garhwa (Jharkhand) 2. Tabarak Husain @ Tabarak Hussain, Aged about 59 years, Son of Sirajuddin Ansari, Resident of- Ward No.-3, Madhu Tola, Village- Nawada, P.O.- Nawada, P.S.- Garhwa, District- Garhwa (Jharkhand) 3. Md. Raza @ Mohammad Raja, Aged about 28 years, Son of Ummat Rasul, Resident of- Ward No.-8, Kalwar Tola, Village- Nawada, P.O.- Nawada, P.S.- Garhwa, District- Garhwa (Jharkhand) 4. Firoj Alam, Aged about 23 years, Son of Md. Ramjan Ansari, Resident of- Ward No.-5, Masjid Tola, Village- Nawada, P.O.- Nawada, P.S.- Garhwa, District- Garhwa (Jharkhand) .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Nawin Kumar, Advocate For the State : Ms. Snehlika Bhagat, Addl. P.P. ------ Order No.02 Dated- 21-03-2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privileges of anticipatory bail in connection with Garhwa P.S. Case No.341 of 2024 registered under Sections 147, 341, 323, 307, 504, 506, 379 of the Indian Penal Code. Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were members of an unlawful assembly and in prosecution of the common object of the assembly, about 160 persons vandalized the school of the informant, attempted to murder the informant and others and committed theft of gold chain and wallet of the informant and terrorized the informant; on being annoyed by the teaching of nationalism to the students being imparted by the school of the informant. It is submitted that the allegation against the petitioners is false and general and omnibus in nature. It is next submitted that this case is a counter-blast to the case lodged by the informant vide Garhwa P.S. Case No.340 of 2024. Drawing attention of this Court towards para-13 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that in view of the serious allegation against the petitioners, there is requirement of their custodial interrogation during the investigation of the case to find out the details of the persons involved in the offence and for the recovery of the valuables. It is further submitted that petitioners are a threat to the law and order situation in the locality. It is therefore submitted that the petitioners ought not to be given the privileges of anticipatory bail. Considering the serious nature of allegation against the petitioners of being members of a hardcore orthodox elements belonging to a particular religion disturbing the informant in an uncivilized and organised manner as well as the requirement of their custodial interrogation during the investigation of the case, as also the fact that they are threat to the law and order situation in the locality, this Court is of the considered view that this is not a fit case where the above-named petitioners be given the privileges of anticipatory bail. Accordingly, the prayer for grant of privileges of anticipatory bail of the above-named petitioners is rejected. (Anil Kumar Choudhary, J.) Animesh/