Md. Saiful Ansari @ Md. Saifullah Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13850 of 2024 Arising Out of PS. Case No.-54 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Md. Saiful Ansari @ Md. Saifullah Ansari S/O Late Md. Kaiyum Ansari @ Kaiyum Ansari R/O Village- Parna, Ward No. 1, P.S- Nimachandpura, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP For the Informant/s :

Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State as well as learned counsel for the informant.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 1074 of 2023 arising out of Muffasil P.S Case No. 54/2023 dated 02.02.2023 registered for the offence punishable u/ss 302 and 120B read with 34 of the Indian Penal Code.

3. As per the prosecution case, Faiz Ahmad Khan fired on the leg of the informant's husband. The petitioner and the co-accused Furan fired on the informant's husband. Thereafter, Faiz Ahmad and two unknown miscreants fired on her husband who died on the spot.

Patna High Court CR. MISC. No.13850 of 2024(4) dt.03-05-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The other co-accused person has already been granted bail by this Court vide order dated 07.07.2023 passed in Criminal Miscellaneous No. 37222 of 2023. Learned counsel has submitted that there is no eye witness of the alleged occurrence. The witnesses Sanjeev and Deepak Kumar in para 33 and 34 of the case diary has disclosed that the specific allegation of firing is against the co-accused, Faiz Ahmad. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2023.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner. As per the post morterm report, the cause of death was due to Neurogenic and Haemorrhagic Shock as a result of above mentioned injuries caused by firearm.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.13850 of 2024(4) dt.03-05-2024 3/3 concerned, Begusarai in connection with Sessions Trial No. 1074 of 2023 arising out of Muffasil P.S Case No. 54/2023, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (Chandra Prakash Singh, J) atul/- U T