Asharaf Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29189 of 2022 Arising Out of PS. Case No.-439 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== 1.

ASHARAF ANSARI S/o Gaffar Ansari @ Gaffar Mian @ Abdul Gafar Resident of Pahkaul Tadi, P.S.- Sahodara, District- West Champaran. 2.

GAFFAR ANSARI @ GAFFAR MIAN @ ABDUL GAFAR S/o Late Serajul Ansari Resident of Pahkaul Tadi, P.S.- Sahodara, District- West Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 302, 201, 34 of the Indian Penal Code. The prosecution case, in short, is that the grandson of the informant left the house of his maternal grandfather to come to his house but did not reach his house and later his dead body was recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.29189 of 2022(2) dt.01-11-2022 2/2 tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The names of the petitioners have transpired merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in this case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest their participation in the alleged occurrence. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 439/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T