Shahabudin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80153 of 2018 Arising Out of PS. Case No.-44 Year-2017 Thana- VIJAYEPUR District- Gopalganj ====================================================== Shahabudin Ansari Son of Juman Ansari, Resident of Village - Deurawa, P.S. Bhorey, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjya Kumar Chaubey For the Opposite Party/s :

Mr.Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-04-2019 The petitioner apprehends his arrest in connection with Vijaypur P.S.Case No. 44 of 2017 registered under Sections 201 and 302 of the Indian penal Code.

Allegation as per FIR is that a dead body of a boy was found at the Korhwalia Chawar and it appears that he was killed somewhere else and dead body was thrown and later on dead body was identified as Mumtaz. Petitioner is not named in the FIR and later on, his name transpired in the confessional statement of co-accused.

Submission of learned counsel for the petitioner is that except confessional statement of co-accused, there is nothing against him and confessional statement also does not show any overt act on behalf of this petitioner in causing death of said Mumtaz.

Patna High Court CR. MISC. No.80153 of 2018(4) dt.15-04-2019 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Gopalganj in connection with Vijaypur P.S.Case No. 44 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sujit/- U T