Afzal Ansari @ Afjal Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15703 of 2022 Arising Out of PS. Case No.-129 Year-2020 Thana- ARIYARI District- Sheikhpura ====================================================== AFZAL ANSARI @ AFJAL ANSARI Son of Gulam Ansari Resident of Village - Chor Dargah, P.S.- Ariyari, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Mr. Anup Anand Jha For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302, 201, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the petitioner and other co-accused person under conspiracy took away the father of the informant somewhere and co-accused Kundan Kumar Vishwakarma shot him dead and they threw his dead body in a

Patna High Court CR. MISC. No.15703 of 2022(2) dt.12-07-2022 2/3 bush.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Learned counsel for the petitioner has further submitted that the petitioner has illicit relationship with the wife of the deceased for about 10 years. The learend counsel for the petitioner has further submitted that the main allegation is against co-accused, Kundan Kumar Vishwamarka. The petitioner is also accused in two other criminal cases as stated at para 3 of the bail petition. The petitioner is in custody since 15.01.2022 . There is general and omnibus allegation against the petitioner. The co-accused person has already been granted bail by a Coordinate Bench of this Court vide order dated 23.11.2021 passed in Cr. Misc. No. 48851 of 2021. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikpura, in connection with Ariyari P.S. Case No. 129 of 2020, with a condition that :

Patna High Court CR. MISC. No.15703 of 2022(2) dt.12-07-2022 3/3

(1) 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 bond of the petitioner will liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T