Yusuf Ansari @ Usuf Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3416 of 2019 Arising Out of PS. Case No.-43 Year-2017 Thana- BANKA District- Banka ====================================================== Yusuf Ansari @ Usuf Ansari S/o Late Wahid Mian Resident of VillageEkoriya (Korra), Police Station Banka, District-Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subodh Chandra Jha For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that while the informant's father was in grocery shop, the accused persons surrounded and fired upon him, as a result of which, informant's father sustained fire-arms injury and died in course of treatment. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 18-12-2017. Charge sheet has already been submitted.

Patna High Court CR. MISC. No.3416 of 2019(5) dt.22-04-2019 2/2 Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the application taking into account that the petitioner is one of the assailants.

A report was called for from the court below, which has been received.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. He is one of the assailants. Considering the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Banka P.S. Case No. 43 of 2017 is rejected.

The trial court is directed to expedite the trial and conclude the same preferably within a period of one year from the date of receipt/production of copy of this order. (Sudhir Singh, J) A.K.V.//- U T