IN THE HIGH COURT OF JHARKHAND AT RANCHI

ABA No. 3959 of 2022

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1. Muna Malik @ Itminan Malik

2. Md. Nawajish Alam @ Md. Nawajish Karim

3. Raja Malik @ Md. Safique

4. Bitu @ Abdul Samad

5. Afsar @ Md. Asraful malik

6. Moin @ Md. Moinuddin

7. Guddu @ Md. Tanveer Raza

8. Md. Ahsan Iraki @ Md. Ahsan

9. Akram @ Md. Akram

10. Charku @ Md. Halim Ansari

11. Tayab Sah @ Tayab Hussain

12. Raja @ Ramji Raza

13. Guddu @ Wakil Ahmad

14. Tipur @ Md. Hamid

15. Md Imtiyaz @ Imtiyaz

16. Md. Shoyab @ Md. Suiyeab Malik

17. Aklakh Malik

18. Sadam Sah @ Sahnwaz Alam

19. Md. Sabbir @ Md. Sabir

20. Md. Yunus Khan @ Md. Uuns

21. Sahid Khan @ Mulla

22. Raza @ Raza Bakt

23. Md. Taufik

24. Sadam Hussain

25. Harun Khan

….

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Petitionerd

Versus

The State of Jharkhand

.… …. Opp. Party

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioners

: Mr. H.K. Shikarwar, Advocate

For the State

: Mrs. Vandana Bharti, A.P.P.

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Oral Order

05/Dated: 15.07.2022

The anticipatory bail application filed on behalf of petitioners,

named-above, who are apprehending their arrest in connection with Ichak PS

Case No. 49 of 2022 for the offence registered under Sections 147, 148, 149,

341, 342, 323, 332, 333, 337, 338, 307, 435, 436, 452, 295A, 153A, 353, 427,

504 and 506 of the Indian Penal Code, pending in the Court of learned

S.D.J.M., Hazaribag is pressed into motion.

Heard the parties.

The gist of the prosecution case is that the FIR has been lodged on the

basis of the report of Junior Engineer who were deputed as Executive

Magistrate. A communal riot took place on the eve of Holi festival and when the

police party arrived at the place of occurrence and pacify the unlawful assembly,

they were assaulted and inciteful slogans were also raised by them. They also

damaged the property.

It is submitted by the learned counsel for the petitioners that the

incidents took place on the spur of moment and these petitioners have been

made accused without proper verification.

The learned APP has vehemently opposed the prayer for anticipatory

bail and is submitted that they are named in the FIR and there is direct and

specific allegation against them.

Considering the submissions of the learned counsels and the facts as

discussed above, the anticipatory bail application is hereby rejected.

The petitioners are directed to surrender before the learned Court

below within a period of two weeks.

(Gautam Kumar Choudhary, J.)

Madhav/-