Ansur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29706 of 2023 Arising Out of PS. Case No.-720 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== ANSUR RAHMAN s/o Late Sabir @ Sabir Ali Resident of village Raybanna Maheshwa Chandwa P.S. Rautara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshuman Jaipuriyar For the Opposite Party/s :

Mrs.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence punishable under Sections 302 and 201 of the Indian Penal Code.

It is a case of commission of murder to the informant's brother and his headless dead body was recovered It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. No one is the eye witness of the alleged occurrence. Only on the basis of confessional statement of accused Azmal, name of the petitioner has been surfaced in the present case as he has accompanied him in disposing off the dead body. Confessional statement made before the police has

Patna High Court CR. MISC. No.29706 of 2023(3) dt.09-08-2023 2/2 no legal value. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. As per para 55 of the case diary, arms used in the crime, were recovered from the house of accused Azmal on which finger prints of the petitioner were not found. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 31.7.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with K. Hat P.S. Case No. 720 of 2022. (Sunil Kumar Panwar, J) sushma/- U