Patna High CourtCR. MISC./19475/2023bail rejected

Imtiyaz Ansari v. The State Of Bihar

2023-07-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19475 of 2023 Arising Out of PS. Case No.-449 Year-2018 Thana- BANKA District- Banka ====================================================== Imtiyaz Ansari Son Of Jabbar Ansari R/O Village- Naya Toli, P.S.- Pithoria, District- Ranchi (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 302 of the Indian Penal Code.

3. Petitioner is said to have committed murder of the daughter of the informant by pressing neck and hanged her dead body.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that there is no eye witness in the present case and only on the basis of suspicion, he has been made accused in this case. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this

Patna High Court CR. MISC. No.19475 of 2023(3) dt.14-07-2023 2/2 application.

5. Learned APP for the State opposing the prayer for bail submits that the name of the petitioner has transpired during course of investigation and in the case diary, there is ample evidence against him.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Banka P.S. Case No. 449 of 2018.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T