Shamshad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9344 of 2023 Arising Out of PS. Case No.-162 Year-2021 Thana- LAURIA District- West Champaran ====================================================== Shamshad Ansari Son Of Raju Ansari @ Md. Raju Ansari R/O Village- Jay Prakash Nagar Narkatiaganj, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 328, 302/34 of Indian Penal Code and Sections 30(a), 33, 37(c) of the Bihar Prohibition and Excise Act. It is a case of administering obnoxious liquor to the husband of informant due to which he died. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been

Patna High Court CR. MISC. No.9344 of 2023(2) dt.17-04-2023 2/3 implicated in the present case due to his previous antecedents Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. The name of petitioner sprang up in this case during the course of investigation. He is languishing in judicial custody since 19.07.2021. Similarly situated several co-accused persons have been granted Bail vide order dated 21.11.2022, passed in Cr. Misc. No. 22525 of 2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Bettiah, West Champaran in connection

Patna High Court CR. MISC. No.9344 of 2023(2) dt.17-04-2023 3/3 with Lauriya P.S. Case No. 162 of 2021.

(Sunil Kumar Panwar, J) nirajkrs/- U T