Md. Salim Ansari @ Salim Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11817 of 2024 Arising Out of PS. Case No.-6 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Md. Salim Ansari @ Salim Ansari S/o Late Isam Ansari Resident of VillageGhodadai, P.S.- Ara Muffasil, District- Bhojpur at Ara ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Prerna Anand, Advocate For the Informant :
Mr. Raju Kumar Singh, Advocate For the State :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-05-2024 Heard learned counsel for the Petitioner, learned counsel for the Informant and learned APP for the State.
2. Petitioner seeks regular bail in connection with Ara Mufassil P.S. Case No. 06 of 2023, dated 04.01.2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 302 of the Indian Penal Code.
3. Mrs. Prerna Anand, learned counsel appearing for the petitioner submits that as per allegation made in the FIR, the petitioner is alleged to have instigated the co-accused Jamshed Alam to kill the victim and accordingly the main allegation is against the said Jamshed Alam who is presently in judicial custody and the co-accused persons Shamim Ansari @ Shamim, Shamsad Alam and Vikky @ Aashipraja carrying almost similar
Patna High Court CR. MISC. No.11817 of 2024(3) dt.10-05-2024 2/3 nature of allegation have been granted bail by this Bench and co-ordinate Bench of this Court vide orders passed in Cr. Misc. Nos. 28409 of 2023 and 71283 of 2023 respectively. Learned counsel further submits that a trivial issue regarding flowing of water from the victim's house, arose in between both the parties and the same is stated to be the genesis of the occurrence which shows that the alleged occurrence was not pre-planned and the petitioner has been languishing in jail since 08.12.2023 having no criminal antecedent.
4. Mr. Raju Kumar Singh, learned counsel appearing for the informant has opposed the bail prayer and submitted that against this petitioner there is serious allegation and he ordered the main accused to kill the deceased.
5. Mr. Ram Priya Sharan Singh, learned APP appearing for the State has also opposed the prayer for bail of the petitioner.
6. Considering the above submissions and mainly the privilege of bail having been granted to several co-accused persons mentioned above and also the nature of allegation appearing against this petitioner and his fair and clean antecedent coupled with the genesis of the occurrence, this Court is inclined to accept the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.11817 of 2024(3) dt.10-05-2024 3/3 Accordingly, let the petitioner named-above be enlarged on bail on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Ara Mufassil P.S. Case No. 06 of 2023.
(Shailendra Singh, J) maynaz/- U T