YUNUS MIAN @ YUNUS ANSARI v. THE STATE OF JHARKHAND
A.B.A./2277/2025 · 2025-04-09
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9246 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9246 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:11022 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2277 of 2025
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1. Yunus Mian @ Yunus Ansari, aged about 56 years, Son of Late Hemlal Miyan,
2. Latif Mian @ Latif aged about 55 years, Son of Late Hemlal Miyan,
3. Pagalwa @ Izrail Ansari, aged about 26 years, Son of Sahadat Hussain,
4. Dahra @ Md. Ibrahim Ansari @ Md. Ibrahim, aged about 22 years, Son of Latif Mian, All are Residents of village- Behrabad Tola, P.O.- Behrabad, P.S.- Jamua, Dist.- Giridih. .... .... …. Petitioners
Versus
The State of Jharkhand .... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Kamdeo Pandey, Advocate
For the State
: Mr. Prabhu D. Agrawal, Spl.P.P
For the Informant : Ms. Kehkashan Afsheen, Advocate
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Order No.02 Dated-09-04-2025
Heard the parties.
Apprehending their arrest in connection with Jamua P.S. Case No.244 of 2024 instituted for the offences punishable under Sections 308(3)/115(2)/118(1)/ 109/ 303(2)/117(1)/3(5) of the B.N.S., 2023, 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 in furtherance of common intention with the co-accused persons, attempted to murder Sabauddin Ansari @ Kayamat and committed theft of Rs.15,000/-, motorcycle and demanded extortion of Rs.3,00,000/-. It is next submitted that the allegations against the petitioners are all false. Drawing attention of this court towards para-03 of the supplementary affidavit, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is next submitted that the allegation of assault upon Sabauddin Ansari @ Kayamat with farsa is upon Sahadar Mian, Karu Mian, Sagir Ansari and assault upon him with lathi is also upon Karu Mian and Sagir Ansari whereas the assault with knife is upon Tetri Bibi. It is then submitted that there is no specific allegation against the petitioners. It is then submitted that independent
witness- Akbal Ansari and Alauddin Ansari have categorically stated before the Investigating Officer of the case that they are the eye witnesses of the occurrence but they have not seen demand of extortion or commission of theft of motorcycle. It is also submitted that for the self-same occurrence form the side of the petitioners, the wife of the petitioner No.2 instituted Jamua P.S. Case No.249 of
2024. It is also submitted that there is a delay of two days in lodging the FIR. It is then submitted that the informant and his uncle are aggressor party; as first they abused and then assaulted the petitioner No.1 and 2. It is then submitted that there was a free fight between the parties. It is also submitted that the petitioners had no intention to kill anybody. It is further submitted that the petitioners undertake that they will not annoy or disturb the informant, victim or any of their family members in any manner during the pendency of the case. 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 Spl.P.P appearing for the State and the learned counsel for the informant oppose 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.10,000/- 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 Judicial Magistrate-1st Class, Giridih in connection with Jamua P.S. Case No.244 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 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 they will not annoy or disturb the informant, victim or any of their family members 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.) Saroj/