Nizamul Ansai @ Tiger v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18676 of 2021 Arising Out of PS. Case No.-407 Year-2019 Thana- RAJAON District- Banka ====================================================== NIZAMUL ANSAI @ TIGER SON OF MOJIM ANSARI Resident of Village- Gora, Police Station- Chandan, District- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 394 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, it is stated that the three accused persons on a motorcycle resorted to firing as a result of which Chitranjan Kumar Singh sustained gun shot injury in his head and died on the spot. On reaching the hospital he was declared dead. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case on the basis of his confessional statement recorded before the police in another case. Inspite of being in custody since 29.6.2020 and the informant giving description of the accused persons in the FIR, the petitioner has not been put on T.I. parade and chargesheet has been submitted in the

Patna High Court CR. MISC. No.18676 of 2021(6) dt.08-02-2022 2/2 case.

The application for bail is opposed by learned APP for the State.

From supplementary affidavit filed on behalf of the Officer Incharge of the concerned police station it appears that the informant of the case was not ready to participate in the T.I. parade. As per the report received from the learned court below dated 10.1.2022 of the learned Addl. District Judge III, Banka no witness has been examined on behalf of the prosecution. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, chargesheet having been submitted in the case without putting the petitioner on T.I. parade, the petitioner is directed to be enlarged on bail in connection with Rajoun P.S. Case no. 407 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Banka.

(Partha Sarthy, J) Spd/- U T