Tez Mohammad Ansari Alias Naku Ansari Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

Tez Mohammad Ansari Alias Naku Ansari Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privilege of anticipatory bail granted to all five petitioners in connection with Kandi P.S. Case No.15 of 2024, operative upon arrest or surrender within six weeks, on cash security and bail bond as specified, with conditions of cooperation, identification particulars and non-interference with the informant and his family, subject to section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, apprehending their arrest in connection with Kandi P.S. Case No. 15 of 2024 (registered under Ss. 341/323/307/504/34 IPC), should be granted the privilege of anticipatory bail.

Court's answer

This Court held it to be a fit case and granted the privilege of anticipatory bail to all the above-named petitioners.

Ratio / Principle

In the event of arrest or surrender within six weeks from the date of the order, the petitioners are to be released on bail on depositing cash security of Rs. 20,000/- each and furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate -1st Class, Garhwa; conditions imposed: cooperation with investigation and appearance before the Investigating Officer as and when noticed, furnishing mobile number and copy of Aadhar Card in the court below with undertaking not to change the mobile number during the pendency of the case, and not to annoy or disturb the informant or his family members during the pendency of the case; the grant is subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

HIGH COURT OF JHARKHAND AT RANCHI — A.B.A. No. 308 of 2025 (Order No.02, dated 23.01.2025) — Anil Kumar Choudhary, J. — ANTICIPATORY BAIL GRANTED. Apprehending arrest in Kandi P.S. Case No. 15 of 2024 (IPC Ss. 341/323/307/504/34), five petitioners of Village Patila, Kandi, Garhwa (Tez Mohammad Ansari @ Naku Ansari; Jaina Bibi @ Jainav Khatoon; Sahanbaj Ansari @ Jhamu Ansari @ Sahanbaj Raja; Sahana Khatoon @ Sahana Praveen; Sakur Ansari) sought anticipatory bail. Counsel pleaded the allegations (alleged attempt on the lives of Rojan Bibi, informant Nizamuddin Ansari and Nasibun Bibi) were false, arose from a petty dispute over grazing by the petitioners' animals, and that the FIR was lodged after a three-day delay; undertakings of cooperation and non-harassment were offered. The State (Addl. P.P. N.K. Ganjhu) opposed. Holding it a fit case, the Court directed that on arrest or surrender within six weeks the petitioners be released on bail on cash security of Rs. 20,000/- each and bail bond of Rs. 25,000/- each with two like sureties, to the satisfaction of the Judicial Magistrate -1st Class, Garhwa, conditioned on cooperating with investigation and appearing before the Investigating Officer as noticed, furnishing mobile number and Aadhar Card copy with undertaking not to change the number, and not annoying or disturbing the informant or his family during the case, subject to S. 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 308 of 2025

Tez Mohammad Ansari @ Naku Ansari, aged about 42 years, Son of Sakur Ansari

Jaina Bibi @ Jainav Khatoon, aged about 38 years, Wife of Naku Ansari

Sahanbaj Ansari @ Jhamu Ansari @ Sahanbaj Raja, aged about 18 years, Son of Tez Mohammad Ansari

Sahana Khatoon @ Sahana Praveen, aged about 20 years, Daughter of Tez Mohammad Ansari

Sakur Ansari, aged about 58 years, Son of Late Karim Miyan, all resident of Village Patila, P.O. Kandi, P.S. Kandi, District –Garhwa (Jharkhand)

… Petitioners

Versus

The State of Jharkhand … Opposite Party

------

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Mr. Suraj Singh, Advocate : Mr. P.S. Bajaj, Advocate For the State : Mr. N.K. Ganjhu, Addl. P.P.

------

Order No.02 Dated- 23.01.2025

Heard the parties.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Kandi P.S. Case No.15 of 2024 registered under sections 341/323/ 307/504/34 of the Indian Penal Code.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of their common intention with the co-accused persons attempted to murder Rojan Bibi, informant -Nizamuddin Ansari and Nasibun Bibi. It is further submitted that the allegations against the petitioners are all false and the genesis of the occurrence is a petty dispute regarding grazing of the land by the animals of the petitioners. It is then submitted that the petitioners have no intention to kill anybody. It is next submitted that there is a delay of three days in lodging the F.I.R. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and

also undertake to cooperate with the investigation of the case and further undertake that they will not annoy or disturb the informant or his family members in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.20,000/- each and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1^st Class, Garhwa, in connection with Kandi P.S. Case No.15 of 2024 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case with further condition that that they will not annoy or disturb the informant or his family members in any manner during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Sonu/Gunjan-