Azad Mian @ Azad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11641 of 2024 Arising Out of PS. Case No.-16 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== Azad Mian @ Azad Ansari Son of Kitabuddin Resident of Mahual, P.S.- Hussainganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghwendra Singh For the Opposite Party/s :

Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 302/120(B)/34 of the IPC and section 27 of the Arms Act.

3.

As per the allegation, the petitioner is involved in the murder of the brother of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is not named in the F.I.R. and has been falsely implicated in this case. He has no role in the said occurrence

Patna High Court CR. MISC. No.11641 of 2024(3) dt.10-04-2024 2/2 and at the belated stage of investigation, police roped the name of the petitioner on the basis that a person without giving his identity, disclosed the involvement of the petitioner in this case. The petitioner has four criminal antecedent and has been languishing in custody since 08.11.2023. Similarly situated coaccused has been granted anticipatory bail by this Court in Cr. Misc. No.73050 of 2022 dated 21.04.2023.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and considering the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Pachrukhi (Saray) P.S. Case No.16/2019. (Anjani Kumar Sharan, J) pallavi/- U T