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MD Aksar Ansari v. the State of Jharkhand

Jharkhand HC14 Jan 2019A.B.A./50/2019

Case brief

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What is this about?

The High Court of Jharkhand at Ranchi granted anticipatory bail to two petitioners apprehending arrest in a case involving theft and Indian Forest Act violations. The court directed surrender to the Judicial Magistrate within four weeks, conditioned on depositing cash security, furnishing a bail bond with sureties, cooperating with the investigation, and complying with Section 438(2) of the CrPC.

What did the court decide?

Anticipatory bail granted on conditions of surrendering within four weeks, depositing Rs. 10,000 cash security each, furnishing bail bond of Rs. 25,000 each with two sureties, cooperating with investi

MD Aksar Ansari Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.50 of 2019

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Md. Aksar Ansari 2. Shahabuddin Ansari .... .... …. Petitioners

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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. Binit Chandra, Advocate For the State : Addl.P.P.

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Order No.02 Dated- 14.01.2019

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Apprehending their arrest in connection with Ramgarh P.S. Case No.99 of 2018 instituted under Sections 379 of the Indian Penal Code and under Section 33 of the Indian Forest Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

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Heard learned counsel appearing for the petitioners and learned Addl.P.P. appearing for the State.

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Learned counsel appearing for the petitioners submits that the allegation that the place of occurrence is a protected forest is false. It is further submitted that the petitioner No.1 is the owner and petitioner No.2 is the driver of the J.C.B. machine and it is the admitted case of the prosecution that the J.C.B. machine was engaged by Pappu Yadav and Mukesh Yadav. It is further submitted that the petitioners had no knowledge about any illegal act being done with by either Pappu Yadav or Mukesh Yadav. It is also submitted that the petitioners have got no criminal antecedent which is evident from para-13 of the instant anticipatory bail application. It is lastly submitted that the petitioners are ready and willing to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

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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 of learned Judicial Magistrate, 1^st Class, Dumka within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/-(Rupees ten thousand) each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two

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sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Dumka in connection with Ramgarh P.S. Case No.99 of 2018 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Choudhary, J . )

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Animesh/

MD Aksar Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Aksar Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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