Allowed

Munajrul Haque v. the State of Jharkhand

Jharkhand HC23 Mar 2023A.B.A./1782/2023

Case brief

AI extract

What is this about?

This order allows the petitioner an order for anticipatory bail in a criminal case involving sections 323, 325, and 307 of IPC for the offence of attempted murder. The petitioner was directed to surrender within four weeks and furnish a bail bond with sureties.

What did the court decide?

Grant of privilege of anticipatory bail; direction to surrender within four weeks; bail bond of Rs.25,000 with two sureties of equivalent amount.

Munajrul Haque Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1782 of 2023

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Sheo Kumar Singh, Advocate For the State : Mr. Nawin Kr. Singh, Addl.P.P. ------

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Order No. 02 Dated- 23.03.2023

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Pipratand P.S. Case No. 33 of 2021 instituted under Sections 323/325/307/147/504/506/509/34 of IPC, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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As per FIR, allegation is that on 17.12.2021 at about 8:00 A.M., the informant was shifting bricks from one place to another near the house with his elder brothers, Aziz Mian and nephew Inamul Ansari, in the meantime, Ekram Mian, Manajrul Haque (Petitioner), Jabbar Mian, Minjaj Ansari, Irfan Ansari, Akhtar Ansari, Imtiyaz Ansari and Shahjahan Ansari, forming an unlawful assembly and armed with deadly weapons, came there and assaulted the informant, his elder brother and nephew by lathi and danda. It is further alleged that the informant sustained head injuries whereas other persons also sustained injuries on different parts of their bodies. It is further alleged that the accused persons also entered into the house of informant forcibly and caused hurt to Saibun Bibi by means of lathi and also tried to outrage her modesty.

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Learned counsel for the petitioner has submitted that the allegations against the petitioner is that the petitioner being the member of an unlawful assembly in furtherance of common intention with the co-accused persons attempted to murder the

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informant and his family members by assaulting them and caused serious injuries to them. It is submitted that the coaccused persons have been granted anticipatory bail by coordinate Bench of this Court vide order dated 14.09.2021 in A.B.A. No.6792. It is further submitted that petitioner is innocent and has committed no offence rather he has falsely been implicated in this case due to enmity and personal grudge. Petitioner undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.

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

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Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Palamau at Daltonganj in connection with Pipratand P.S. Case No. 33 of 2021 with the condition that he will cooperate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure .

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(Pradeep Kumar Srivastava, J.)

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R.S./-

Munajrul Haque v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Munajrul Haque v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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