Sildar @ Ansari @ Sildar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17975 of 2019 Arising Out of PS. Case No.-132 Year-2012 Thana- NAUGACHIA District- Bhagalpur ====================================================== SILDAR @ ANSARI @ SILDAR ANSARI, Son of Sheikh Mahir, R/o village- Ammadih, P.S.- Jirabari, District- Sahebganj (Jharkhannd) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 04-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Naugachiya P.S. Case No.132 of 2012 instituted for the offence under Section(s) 302, 201/34 Indian Penal Code.

It is alleged that on 25.06.2012 the informant got a message that dead body of his son is lying at a distance of about one kilometer from the railway track near Naugachiya Railway Station. It is further alleged that his deceased son had gone in bad company. About nine months back, he was found lying in Remand Home, Dumka, in connection with a case lodged with GRP Sahebganj. The informant has brought him from Remand Home on 07.06.2012. The informant has further alleged that on 22.06.2012, this petitioner along with other accused, as named

Patna High Court CR. MISC. No.17975 of 2019(3) dt.04-07-2019 2/2 in the written report, had come to his house and took his son with them.

Counsel for the petitioner submits that postmortem has been performed on 25.06.2012. The doctor has opined cause to death due to firearm, which was ante mortem in nature. Time elapsed since death was approximately within 24 hours from the time of postmortem.

In this manner, story of last seen, as alleged in the written report, does not get support from the postmortem report. Petitioner is in custody since 07.12.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, 2nd, Naugachiya, Bhagalpur, in connection with Naugachiya P.S. Case No.132 of 2012, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T