HABIBUL ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since All The Three Anticipatory Bail Applications Arise Out Of One And The Same case, hence they are taken up together and disposed of by common order. The petitioners are apprehending their arrest in connection with Pithoria P.S. Case No. 69 of 2016, corresponding to G.R. No. 3482 of 2016 for the offence under sections 147, 148, 149, 324, 325, 304, 504, 506 of the Indian Penal Code and under section 27 of the Arms Act, later on section 302 I.P.C was added vide order dated 26.07.2016.

(2.) The Present Case Has Been Lodged On The Basis Of Written Report Of Informant Afzal Ansari alleging therein that on 19.06.2016 at about 11.00 hrs, for selection of proper place for a construction of panchayat Bhawan and for election of an agent as directed by B.D.O, one general house of village Panchyat was called by Mukhiya Lal Mani Oraon. Several persons of the village were present there in the meanwhile petitioners and other persons arrived there who were having deadly weapons in their hands, attacked the gathering of general house. It is alleged that accused Salilul Rahman was firing from his pistol and was giving lalkara to kill them because without their consent the general house was called. It is further alleged that one Haibbul Rahman (petitioner in A.B.A. No.3916 of 2016) was also wielding pistol and was also giving lalkara to other accused persons. In the said incident the informant was beaten brutally by the the petitionerTausif and Mubasir causing him injury. PetitioenrKurban Ansari (A.B.A. No.4489 of 2016) gave knife blows on abdomen and other body parts, . It is further alleged that accused Mudassar Ansari was caught by Jishan Ansari and Saibibul had assaulted him in which his intestine came out and others were also beaten by the petitioners and others. During course of treatment one injured person namely, Irshad Ansari @ Raju died on 02.07.2016.

(3.) Learned Counsel For The Petitioners Has Submitted That The Petitioners Have been falsely implicated in this case and the present case is counterblast of Pithoria P.S. Case No. 68 of 2016, corresponding to G.R. No.3483 of 2016 which is prior to the registration of the present F.I.R. Nothing has been recovered from the conscious possession of the petitioner. There is no any specific overt act has been attributed against the petitioners.