Allowed¶15

Miraj Ansari v. the State of Jharkhand

Jharkhand HC3 May 2024A.B.A./1384/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Jharkhand High Court Ranchi; A.B.A. No. 1384 of 2024; decided 03.05.2024; Justice Sanjay Kumar Dwivedi; Shikaripara P.S. Case No.43 of 2023; IPC Sections 147, 148, 149, 323, 324, 326, 307; Judicial Magistrate First Class Dumka; parity with co-accused granted A.B.A. No.8870 of 2023; case and counter case between parties; surrender within three weeks; bail bond Rs.25,000 with two sureties of like amount; conditions under section 438(2) CrPC; counsel A.K. Choudhary for petitioners, S.K. Srivastava for State.

What did the court decide?

Anticipatory bail granted to all ten petitioners: they are to surrender within three weeks, and upon surrender/arrest are to be released on bail on a bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions of section 438(2) CrPC. ¶15

Miraj Ansari Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Shikaripara P.S. Case No.43 of 2023 (registered under IPC Sections 147, 148, 149, 323, 324, 326 and 307) pending before the Judicial Magistrate, First Class, Dumka, are entitled to anticipatory bail.

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Court's answer

Taking into account that nothing specific emerged as to who assaulted the victim or caused the injury, that a co-accused had already been granted anticipatory bail in A.B.A. No.8870 of 2023, and that case and counter case exist between the parties, the court was inclined to grant the petitioners the privilege of anticipatory bail.

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Ratio / Principle

The petitioners were directed to surrender before the learned court within three weeks, and in the event of their surrender/arrest they are to be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, First Class, Dumka, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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Detailed headnote1 paragraphs

Jharkhand High Court, Ranchi (Sanjay Kumar Dwivedi, J.; decided 03.05.2024) grants anticipatory bail in A.B.A. No. 1384 of 2024 to ten petitioners apprehending arrest in Shikaripara P.S. Case No.43 of 2023 (IPC ss.147, 148, 149, 323, 324, 326, 307), pending before the Judicial Magistrate, First Class, Dumka. Grounds relied on by the court: nothing specific emerged as to who assaulted the victim or caused the injury; a co-accused had already been granted anticipatory bail in A.B.A. No.8870 of 2023; and case and counter case exist between the parties. Petitioners are to surrender within three weeks; on surrender/arrest they are to be released on a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions under section 438(2) of the Code of Criminal Procedure.

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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A.B.A. No. 1384 of 2024

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1.Miraj Ansari 2.Raju Ansari 3.Md. Ashraf Ansari @ Ashraf Ansari 4.Insan Mian @ Insan Ansari 5.Md. Ali Hussain @ Ali Hussain 6.Md. Abdul Minnan Ansari @ Abdul Ansari 7.Mithun Ansari 8.Dawood Mian @ Dawood Ansari @ Daul Mian 9.Barjahan Ansari @ Barjan Ansari @ Md. Barjahan Ansari 10.Jagaruddin Ansari .... Petitioners

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-- Versus -- The State of Jharkhand .... Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Petitioners :- Mr. A.K. Choudhary, Advocate For the State :- Mr. S.K. Srivastava, Advocate

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---- /03.05.2024 Heard learned counsel for petitioners as well as learned counsel for State.

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Petitioners are apprehending their arrest in connection with Shikaripara P.S. Case No.43 of 2023, for offence registered under sections 147, 148, 149, 323, 324, 326 and 307 of IPC, pending before learned Judicial Magistrate, 1^st Class, Dumka.

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Learned counsel for petitioners submits that petitioners are innocent and there are case and counter case between parties and petitioners have lodged Shikaripara P.S. Case No.42 of 2023 earlier and in view of that present case has been lodged. He submits that injury is simple in nature and co-accused has been provided anticipatory bail in A.B.A. No.8870 of 2023.

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Learned State counsel opposed the prayer on the ground that allegations are there of assault against all the accused persons.

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Considering that nothing specific has come as to who has assaulted and pursuant to that injury has been received by victim and co-accused has been provided anticipatory bail in A.B.A. No.8870 of 2023, and further there are case and counter case between the parties, and in attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to petitioners.

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Accordingly, petitioners, above named, are hereby directed to surrender before learned court within three weeks from today, and in event of their surrender/arrest, petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, First Class, Dumka, in connection with Shikaripara P.S. Case No.43 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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( Sanjay Kumar Dwivedi, J.)

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SI/

Miraj Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Miraj Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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What the court decided

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