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Patna High CourtCR. MISC./22491/2023bail granted

Samser Mian @ Samser Ansari v. The State Of Bihar

2023-07-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22491 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- CHAKAI District- Jamui ====================================================== 1.

SAMSER MIAN @ SAMSER ANSARI S/O UDDIN MIAN R/O VillagePatauaa, P.S- Chakai, Distt.- Jamui 2.

Tahir Mian @ Tahir Ansari S/O Uddin Mian R/O Village- Patauaa, P.SChakai, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 302, 201 and 120(B)/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, all the accused persons including the petitioners are said to have committed murder of the son of informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is no eye witness in the present case only on suspicion the petitioners have been made

Patna High Court CR. MISC. No.22491 of 2023(4) dt.11-07-2023 2/2 accused in the present case. He submits that there is admitted land dispute between the parties. He further submits that similarly situated other co-accused persons have already been granted bail by a bench of this Court vide order dated 24.03.2023 passed in Cr. Misc. No. 75244/2022. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Chakai P.S. Case No.201/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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