Safiulla Ansari @ Rabi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29129 of 2024 Arising Out of PS. Case No.-146 Year-2022 Thana- ABADPUR District- Katihar ====================================================== 1.
Safiulla Ansari @ Rabi Son Of Husen Ansari Resident Of Wari Bishanpur, P.S. - Harishchandrapur, District - Malda (W.B.) 2.
Md. Mametul @ Shawaj @ Sahbaj @ Md. Mametual @ Shwwaj Son Of Ayub Alam @ Sajimuddin Resident Of Wari Bishanpur, P.S. - Harishchandrapur, District - Malda (W.B.) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-06-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Abadpur P.S. Case No. 146 of 2022 dated 15.09.2022 registered for the offences punishable u/ss 302 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the informant received information that his mother was shot dead by some unknown persons.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been
Patna High Court CR. MISC. No.29129 of 2024(2) dt.27-06-2024 2/3 implicated in this case. There is general and omnibus allegation against the petitioners. The petitioners are not named in the F.I.R. The name of the petitioners has sprung up in the confessional statement of the co-accused, Govind Das and Kamal Das. It is further submitted that P.W. 1 has stated in Examination-in-Chief that the co-accused, Govind Das, Kamal Das and Pappu Bosak have committed murder of the informant's mother due to land dispute. It has further submitted that there is no eye witness to the alleged occurrence. The coaccused person has already been granted regular bail by this court vide order dated 07.07.2023 passed in Cr. Misc. No. 36870 of 2023. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 17.02.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Abadpur
Patna High Court CR. MISC. No.29129 of 2024(2) dt.27-06-2024 3/3 P.S. Case No. 146 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T