Chote Iqbal Sai @ Akhtar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25659 of 2021 Arising Out of PS. Case No.-292 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

CHOTE IQBAL SAI @ AKHTAR ANSARI Son of Late Asgar Sai Resident of Village- Hasanpura, Bada Mohalla, P.S.- M.H. Nagar, Dist- Siwan. 2.

Jhunnu Saidul Sai @ Jhunnu Sai Son of Md. Kalam Resident of VillageHasanpura, Bada Mohalla, P.S.- M.H. Nagar, Dist- Siwan. 3.

Keyamuddin Sai @ Md. Kayamuddin Sai Son of Late Asgar Sai Resident of Village- Hasanpura, Bada Mohalla, P.S.- M.H. Nagar, Dist- Siwan. 4.

Sarif Iqbal @ Mukhiya Ji @ Mukhiya Ji ka beta Son of Chote Iqbal Sai @ Akhtar Ansari Resident of Village- Hasanpura, Bada Mohalla, P.S.- M.H. Nagar, Dist- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 302 and 34 of the Indian Penal Code. The prosecution allegation, in short, is that the son of the informant had left home and later his dead body was found. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.25659 of 2021(2) dt.02-03-2022 2/2 tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. As per the prosecution case, the son of the informant had left his house for going to the house of the petitioners. Subsequently, the informant was informed that the son of informant had met with road accident. The names of the petitioners have transpired merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in this case. There is no eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- XIV, Siwan in connection with Hussainganj P.S. Case No. 292/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T