Ansur Seikh And Ors vs State Of Jharkhand

Heard Mr. Din Dayal Saha, learned counsel for the petitioners and Mr. Saket Kumar, learned A.P.P. for the State.

Defects as pointed out by the office are ignored. The petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in

connection with Radhanagar P.S. Case No. 317/2019, corresponding to G.R. Case No. 1646 of 2019.

The informant claims that he along with one Nazir Sheikh had purchased a piece of land through power of attorney from the seller and consequent to

the same the land is in their possession. It has also been alleged that a proceeding was initiated u/s 144 Cr.P.C. and both the parties were restrained

from going over to the said land. Allegation has been levelled that on 31.07.2019 the accused persons variously armed had entered into the land and

had thrown bomb and had assaulted the informant party as a result of which one of the villager Gulab Nabi Sk had sustained injuries.

It has been submitted by the learned counsel for the petitioners that admittedly there is a land dispute between the parties as would appear from the

First Information Report. It has further been submitted that the uncle of the petitioner no. 3 had earlier instituted a case against the informant and

others being Radhanagar P.S. Case No. 316/2019 arising out of the same incident. Learned counsel also submits that a proceeding was initiated u/s

144 Cr.P.C. at the behest of the informant against the accused persons which however was dropped on 26.09.2019. It has also been submitted that

the allegations are general and omnibus in nature.

Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioners.

The background facts of the case does indicate that both the parties were at loggerheads on account of a land dispute for which proceeding u/s 144

Cr.P.C. was also instituted. There has been a case and counter case on account of the free fight which had taken place between the parties. So far

as specific allegation is concerned the same is levelled against Humayun Seikh who is not the petitioner before this Court. As against the petitioners

the allegations are general and omnibus in nature.

Regard being had to the above, the petitioners are directed to surrender before the learned court below within a period of four weeks and on their

surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount

each to the satisfaction of learned Judicial Magistrate 1st Class, Rajmahal in connection with Radhanagar P.S. Case No. 317/2019, corresponding to

G.R. Case No. 1646 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.