Disposed

Basir Mian Alias MD Vasir Ansari v. the State of Jharkhand

Jharkhand HC3 Jul 2023A.B.A./1556/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of an anticipatory bail petition filed by accused in a forest case involving illegal stone digging. The Court denied anticipatory bail without addressing substantive merits, directing petitioners to approach the trial court for regular bail in accordance with Supreme Court guidelines.

What did the court decide?

Anticipatory bail denied without expressing views on merits; petitioners directed to approach trial court for regular bail.

Basir Mian Alias MD Vasir Ansari Vs the State of… — Environment and Pollution | Jharkhand HC (2023)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

A.B.A. No. 1556 of 2023

¶3

Basir Mian @ Md Vasir Ansari

¶4

Jainul Mian @ Jainul Ansari

¶5

Umesh Sao @ Umesh Kumar Sao …… Petitioners

¶6

The State of Jharkhand ……Opposite party

¶7

----------

¶8

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

¶9

-----

¶10

For the Petitioners : Mr. Prashant Kr. Rai, Advocate For the State : Mrs. Nehala Sharmin, S.P.P

¶11

Order No.06/ Dated:03.07.2023

¶12

Heard learned counsel for the parties.

¶13

Apprehending their arrest in connection with Forest Case No. 20 of 2013 instituted under Sections 33(1)(b) of Indian Forest Act, the petitioners have moved to this Court for grant of privilege of anticipatory bail.

¶14

As per offence report, allegation against the petitioners is that they were involved in digging stones from forest area and damaged 4 decimals of forest land. It is alleged that 200 cft. stones were seized from the spot.

¶15

Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is submitted that petitioners have no criminal antecedents and have never been involved in such offences. No seizure list has been prepared in this case. It is lastly submitted that the petitioners undertake to co-operate with the trial of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail.

¶16

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

¶17

It is a complaint case and there is general and omnibus allegation, custodial trial of the accused is not required. Only summons has been issued against the

¶18

petitioners, hence, without expressing any view on the merits of the case, this anticipatory bail application is disposed off.

¶19

Petitioners are directed to seek regular bail before learned trial court which shall be disposed of in strict compliance of the guidelines issued by Hon’ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr reported in 2021(10) SCC 773.

¶20

Learned trial court is also directed to take notice of fresh observation of Hon’ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2023- SCC online (SC) 452 & 2023- Live Law (SC) 233 .

¶21

(Pradeep Kumar Srivastava, J.)

¶22

R.K/

Basir Mian Alias MD Vasir Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Basir Mian Alias MD Vasir Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

MD Sohrab Vs the State of Jharkhand

Shiv Shankar Saw Alias Shiv Shankar Kumar Vs the State of Jharkhand

Balmiki Das Vs the State of Jharkhand

Birbal Singh Vs the State of Jharkhand

Mansa Hembram Vs the State of Jharkhand

Harendra Mahto Vs the State of Jharkhand