Shobrati Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17363 of 2023 Arising Out of PS. Case No.-47 Year-2022 Thana- GARHI District- Jamui ====================================================== Shobrati Ansari S/O Karu Mian R/O Village- Sankanda, P.S.- Charkapathar, Distt- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner seeks regular bail in connection with Garhi P.S. Case No. 47 of 2022 registered for the offence under Sections 302, 120B/34 of the Indian Penal Code and section 27 of Arms Act.

As per FIR, the informant alleged that petitioner is said to be indulged in hatching conspiracy to commit murder of the informant's brother namely, Monu Kumar in connivance with others co-accused persons. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.17363 of 2023(2) dt.16-05-2023 2/3 the petitioner is innocent and has committed no offence. There is no any eye witnesses of the alleged occurrence and the petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case on the basis of confessional statement of coaccused namely, Thomes Marandi in another case, which has got no evidentiary value in the eye of law. During course of investigation, no any consistent material has come on record to connect the complicity in the alleged offence rather only suspicion has been raised by the informant against the petitioner. The petitioner is languishing in judicial custody since 17.11.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner has made conspiracy to kill the informant's brother after giving money to other co-accused persons to commit the offence.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.17363 of 2023(2) dt.16-05-2023 3/3 and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Garhi P.S. Case No. 47 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui. (Sunil Kumar Panwar, J) Shageer/- U T