Afjal Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79747 of 2018 Arising Out of PS. Case No.-221 Year-2016 Thana- KATEYA District- Gopalganj ====================================================== Afjal Ansari, Son of Mustak @ Muskan Ansari, Resident of Village - Amhi Bake, P.S.- Kateya, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kateya P.S. Case No. 221 of 2016 registered under Section 302/34 of the Indian Penal Code.

The accusation is that in the evening of 04.09.2016, Bishal Thakur, son of the informant was returned to his house after doing the work of labourer. Thereafter, his son went at the grocery shop of Noor Mahamad Mian, where he received phone call and went to somewhere but he did not return. The informant searched his son but no trace was found. On next day, informant received information that a dead body is lying in west direction in the village.

Patna High Court CR. MISC. No.79747 of 2018(3) dt.02-05-2019 2/3 Thereafter, informant along with her Nanad went there and found the dead body of Bishal Thakur. After sometime, police came and informant also visualized the injuries of his son, Bishal Thakur. Informant further claimed that her son generally used to sat in the company of Abdhesh Baitha, Mustak @ Muskan Mian, Firoj Ansari, Nasruddin Ansari and Afjal Ansari (petitioner).

Learned counsel for the petitioner submits that it would appear from the F.I.R. that informant is not the eye witness of the murder of her son and she has not raised suspicion about having hand of the petitioner in the murder of her son but in course of investigation, witnesses, in paragraph 9, 10, 11, 12 and 13, have disclosed that there was love affairs of the deceased with the daughter of co-accused, Mustak @ Muskan Mian and later on, Mustak @ Muskan Mian and Abdhesh Baitha were apprehended, who also admitted about love affairs of the deceased with daughter of Mustak @ Muskan Mian and also committing the murder of son of the informant but both have not disclosed the name of the petitioner. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the

Patna High Court CR. MISC. No.79747 of 2018(3) dt.02-05-2019 3/3 event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M-XV, Gopalganj, in connection with Kateya P.S. Case No. 221 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T