Imran Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21283 of 2022 Arising Out of PS. Case No.-455 Year-2021 Thana- BANKA District- Banka ====================================================== Imran Ansari Son of Shamsher Ansari @ Md. Shamsher R/O VillageChamraili, Navtolia, P.S. And District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Banka P.S. Case No. 455 of 2021 registered for the offence under Sections 307, 120B and 302 (which has been added subsequently) of the Indian Penal Code and Sections 3, 4 and 5 of the Explosive Substances Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 29.12.2021.

The allegation against the petitioner is to hide bomb in Madarsa, which on explosion, damaged southern part of Madarsa, causing injury to Imam, namely, Abdul Mobin, who

Patna High Court CR. MISC. No.21283 of 2022(2) dt.05-09-2022 2/3 died subsequently.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Faruque Ansari and in furtherance thereof, nothing incriminating surfaced/recovered during the course of investigation, which may connect the petitioner, prima facie, with the present set of occurrence. It is also submitted that similarly situated coaccused person has already been granted anticipatory bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 55095 of 2021 dated 04.07.2022. It is further submitted that allegation against this petitioner is under the influence of local Madarsa politics. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as nothing incriminating surfaced/recovered during the course of investigation, which may connect the petitioner, prima facie, with the present set of occurrence coupled with the fact

Patna High Court CR. MISC. No.21283 of 2022(2) dt.05-09-2022 3/3 that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Banka P.S. Case No. 455 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Banka/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T