Akif Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57179 of 2017 Arising Out of PS.Case No. -421 Year- 2017 Thana -SIWAN CITY District- SIWAN ====================================================== Akif Ansari S/o Yunus Ansari, R/o Village- Basantpur Chhap Mathia, P.S.- Mirganj, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2018 Heard the learned counsels for the petitioner and the State.

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 was found to be missing. Later, his dead body was recovered. During the course of investigation, two persons initially were arrested viz. Dhananjay Prasad @ Bhajju and Raj Kishore Singh. The aforesaid Dhananjay Prasad @ Bhajju has confessed that the deceased was killed by one Prabhunath Sahani and Bassanti devi and the dead body was thrown by the side of the road. However, Raj Kishore Singh

Patna High Court Cr.Misc. No.57179 of 2017 (3) dt.10-01-2018 whose statement has been recorded in paragraph 102 of the case diary has only stated that while discussions were being held with regard to asking for ransom from the father of the deceased, the petitioner was sitting there. It has also been stated that the petitioner had heard the planning made by the accused persons. It has been submitted on behalf of the petitioner that for all practical purposes, the name of the petitioner has transpired only on the confession of one of the co-accused and no overt act has been attributed against him. It has further been submitted that one of the co-accused viz. Abdullah Ansari, having similar allegation against him, has been granted bail by this Court on 21.12.2017 passed in Cr. Misc. No. 56890 of 2017. The petitioner is in custody since 15.08.2017 and does not have any criminal antecedent.

Regard being had to the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 421 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T