Salauddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23468 of 2021 Arising Out of PS. Case No.-44 Year-2017 Thana- VIJAYEPUR District- Gopalganj ====================================================== Salauddin Ansari Son Of Mustkim Ansari R/O Village- Deurawa, P.S.- Bhorey, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjya Kumar Chaubey, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

Allegation in the FIR is that a dead body was found in the field of wheat and it appears that he was killed by someone and dead body was thrown and the dead body was identified as Mumtaz and later on the name of the petitioner transpired in the confessional statement of co-accused.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that vide para-7 of the supplementary case diary, name of the petitioner came into light on the confessional

Patna High Court CR. MISC. No.23468 of 2021(5) dt.10-08-2022 2/2 statement of co-accused Annu Khatoon and Tetra Khan. There is no material evidence against this petitioner. He further submits that similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 80153 of 2018. Petitioner has clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM-IV, Gopalganj in connection with Vijaypur P.S. Case No. 44 of 2017/G.R. No. 943 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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