Jahid Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80537 of 2018 Arising Out of PS. Case No.-262 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Jahid Ansari, S/o Islam Ansari, R/vill-Jaipur, P.S-Sherghatty, Distt.-Gaya. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Namrata Mishra, Advocate.
For the Opposite Party :
Mr. Anand Mohan Prasad Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2019 A supplementary affidavit has been filed on behalf of the petitioner. The same may be kept on the record. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 05.07.2018 in a case for the offence registered under Sections 302 of the IPC and 27 of the Arms Act.
The prosecution story, in brief, is that on 18.05.2018 at about 9.00 P.M. due to dispute of closing of shop, petitioner opened fire to the husband of the informant causing injury in chest leading to his death during on the way to Patna for treatment.
It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the
Patna High Court CR. MISC. No.80537 of 2018(7) dt.17-07-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. During trial, the informant has been examined as P.W.2 who has been declared hostile by the learned court below. The informant has retracted from his earlier statement made in the F.I.R. during trial. The said deposition of the informant is Annexure-7 to the second supplementary affidavit.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gaya, in connection with Sherghati P.S. Case No. 262 of 2018. (Sudhir Singh, J) U.K./- U T