Abdullah Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56890 of 2017 Arising Out of PS.Case No. -421 Year- 2017 Thana -SIWAN CITY District- SIWAN ====================================================== Abdullah Ansari, aged about 60 years, Son of Late Ishehak Ansari, Resident of Village- Dumaria (Amwa), P.S. + District- Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiv Sager Sharma For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2017 The petitioner seeks bail in connection with Siwan Town P.S. Case No. 421 of 2017 dated 10.08.2017 which was initially instituted for the offence under Section 365 of the Indian Penal Code but later Sections 364A, 302, 201, 34 of the Indian Penal Code were also added.

The son of the informant went missing. Later, his dead body was recovered. During the course of investigation, two persons were arrested viz. Dhananjay Prasad @ Bhajju and Raj Kishore Singh. Dhananjay Prasad @ Bhajju has stated that the deceased was killed by Prabhunath Sahani, another co-accused and Basanti Devi and the dead body was thrown by the side of the road. Raj Kishore Singh, whose statement has been recorded in para 102 of the case diary, has only stated that when deliberations

Patna High Court Cr.Misc. No.56890 of 2017 (3) dt.21-12-2017 2/2 were being made to kill the deceased and dispose off his body, such planning was also heard by the petitioner but he made no efforts to either save the child or inform the police about the same. Thus, for all practical purposes, it has been argued on behalf of the petitioner, that name of the petitioner has transpired only on the confession of one of the co-accused without any overt act. The petitioner is in custody since 14.08.2017 and does not have any criminal antecedent.

Regard being had to the period of custody of the petitioner, this Court is inclined to grant bail to him. The petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 421 of 2017. (Ashutosh Kumar, J) Shageer/- U T