Mansoor Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35748 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== Mansoor Ansari Son of Fulman Miyan Resident of Village- Pujha Sheikh Toli, P.S- Srinagar(Pujha) , Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Srinagar (Pujahan) P.S. Case No. 144 of 2023 registered for the offence punishable under Section-302 of the Indian Penal Code and Section-27 of the Arms Act.

3. It is alleged that in the backdrop of mortgaged land, a hot exchange of words took place between the informant's husband (petitioner) and her son and consequently, the petitioner having been become furious, opened fire with pistol, which hit the informant's son as a result of which, he sustained fire-arm injury and died on the spot itself.

4. It has been submitted on behalf of the petitioner that the informant who is mother of the deceased and his sister Jagiya Khatoon who claims to be eye witnesses of the occurrence did not

Patna High Court CR. MISC. No.35748 of 2024(4) dt.10-09-2024 2/2 support the prosecution case in their depositions which has been filed through supplementary affidavit. The petitioner is under incarceration since 30-10-2023.

5. On the otherhand, Mr. Shailendra Kumar, learned APP for the State has opposed the prayer for bail by submitting that during investigation, the witnesses have supported the occurrence.

6. From perusal of the depositions of the informant and Jagiya Khatoon (sister of the informant), it transpires that they have not supported the prosecution case and the petitioner is in custody since 30-10-2023.

7. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss Neha, learned Judicial Magistrate-Ist Class, Bettiah, West Champaran in connection with Srinagar (Pujahan) P.S. Case No. 144 of 2023 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) A.K.V.//- U T