Moinuddin Ansari Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 6094 of 2024

Moinuddin Ansari @ Moin, aged about 35 years, Son of Samid Ansari, Resident of 728E, Goush Nagar Kapali, P.O. Kapali, P.S. Chandil, District Seraikella-Kharsawan (Jharkhand) …. … Petitioner

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Versus

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The State of Jharkhand …. ... Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Indrajit Sinha, Advocate : Mr. Arpan Mishra, Advocate : Mr. Awinash Kumar, Advocate For the State : Mr. Manoj Kumar Mishra, A.P.P.

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Order No. 05/ dated 05.09.2024

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Counter-affidavit filed on behalf of A.P.P. is taken on record.

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Heard learned counsel for the applicant and the learned A.P.P. for the State.

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This bail application has been filed on behalf of the applicant- Moinuddin Ansari @ Moin with the prayer to release on bail in connection with Mango P.S. Case No. 350 of 2023, corresponding to S.T. No. 251 of 2024, registered under Sections 307, 326, 120B/34 of the Indian Penal Code and Section 25(1-B) (a), 26, 27, 35 of the Arms Act. Subsequently Sections 302, 333 and 353 of I.P.C. were added, pending in the Court of the learned Additional District Judge-II, Jamshedpur.

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The F.I.R. of this case was lodged by the Police Officer Anuj Kumar against the six named accused including the

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present petitioner and 8 to 10 unknown persons with these allegations that on 08.12.2023 he was on patrolling and received information from Control Room, Jamshedpur that at Road No.16 Jawahar Nagar, Mango some miscreants had opened fire in which a constable of Tengo Mobile was injured. For verification of this very information, he reached at the indicated place along with Police force and found that one constable Nirmal Mundu had nabbed the one accused and one constable of Tengo-03, 1306 Ramdeo Mahto was lying in injured condition. The injured constable was rushed to the T.M.H. Hospital, Bistupur. The apprehended accused was identified as Sanjay Sarkar. From his possession one country made pistol loaded with magazine containing in the magazine four live cartridge of 7.65 mm and one live cartridge was recovered from the pocket of his jeans and seven live cartridges were recovered from a small bag. The one loaded country made pistol was recovered from the place of occurrence another one loaded country made pistol was also recovered from there and four live cartridges of 315 bore were also recovered from the pocket of the jacket. All these incriminating articles were seized and the seizure memo was prepared. This apprehended Sanjay Sarkar has also told that they had shot fire to one Tanda and in that occurrence there were three more associates of him who were chased by Police.

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His two associates managed to flee away while he was

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apprehended and his associates had shot the constable. He disclosed the name of his associates as Choura Raju, Kadir, Moin, Arshad @ Ashdulla, Jamshed and 8 to 10 unknown miscreants.

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The name of petitioner transpired in confessional statement of apprehended co-accused Sanjay Sarkar. Nothing incriminating article was recovered from his possession. Similarly situated co-accused Jamshed Alam @ Jamshed has been granted bail in B.A.No. 5632 of 2024 vide order dated 22.08.2024 by the Co-ordinate Bench of this Court.

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The role of present petitioner is identical to that of co-accused Jamshed Alam @ Jamshed as admitted to learned A.P.P. for the State.

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In view of the above, the bail petition of the petitioner is hereby allowed. Let the applicant 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 the court concerned in the aforesaid case.

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(Subhash Chand, J.)

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P.K.S

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Moinuddin Ansari v. the State of Jharkhand

Case brief

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Moinuddin Ansari v. the State of Jharkhand

Case brief

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