High CourtsSingle Bench

Ajimuddin Ansari And Others vs State Of Jharkhand

Jharkhand High Court · Decided on 15 May 2024 · Citation: (2024) 05 JH CK 0024

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 353, 379, 448 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 2295 Of 2024
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Judgment

10 paragraphs · 362 words

Sanjay Kumar Dwivedi, J

1.

Heard learned counsel for petitioners as well as learned counsel for the State.

2.

The petitioners are apprehending their arrest in connection with Lalmatiya P.S. Case No.69 of 2023, for offence registered under sections 147, 448, 353, 379 and 506 of the IPC, pending in the court of learned Judicial Magistrate First Class, Godda.

3.

Learned counsel for petitioners submits that petitioner nos.1,2 and 5 have already been apprehended and in view of that he is not pressing this petition on behalf of petitioner nos.1,2 and 5.

4.

Accordingly, this petition is dismissed as not pressed so far as petitioner nos.1,2 and 5 are concerned.

5.

Learned counsel for the petitioners submits that now this petition is confined to petitioner nos.3 and 4, namely, Mathoot Ansari @ Masud Ansari and Firoj Ansari.

6.

Learned counsel for the petitioners submits that only on suspicion the name of the petitioners has come and the allegations are there that it was heard that the petitioners and others were involved in theft of diesel from the mines area.

7.

Learned State counsel opposed the prayer on the ground that the allegations are there of theft of diesel from the mines area.

8.

Considering that the names of the petitioners have come only on suspicion and nothing incriminating has been recovered from the possession of the petitioner nos.3 and 4, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner nos.3 and 4.

9.

Accordingly, the petitioner nos.3 and 4, namely, Mathoot Ansari @ Masud Ansari and Firoj Ansari are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, the petitioner nos.3 and 4, namely, Mathoot Ansari @ Masud Ansari and Firoj Ansari, shall be released on bail, 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 First Class, Godda, in connection with Lalmatiya P.S. Case No.69 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.