Moin @ Munna Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36520 of 2024 Arising Out of PS. Case No.-109 Year-2017 Thana- BIKRAMGANJ District- Rohtas ====================================================== Moin @ Munna Ansari Son of Mobin @ Md Mobin R/O VILLAGE- TARI WARD NO. 8, P.S.- ARRAH (T), DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivanand Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-07-2024 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bikramganj P.S. Case No. 109 of 2017 instituted for the offences under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. 3.

The petitioner has not been named in the F.I.R. 4.

One Ramanuj Tiwari is said to have been killed in the house of co-accused Puja Kumari whose marriage was fixed with the deceased. Since Puja Kumari was not willing to marry the deceased, out of a well hatched conspiracy, the deceased was called at

Patna High Court CR. MISC. No.36520 of 2024(3) dt.19-07-2024 2/3 the house of Puja Kumari and was killed.

5.

During the course of investigation, Puja Kumari confessed that the petitioner was entrusted with the task of killing the deceased 6.

The learned Advocate for the petitioner has submitted that but for the confession of co-accused Puja Kumari who herself has been granted bail by a Bench of this Court vide order dated 04.05.2018 passed in Cr. Misc. No. 18174/2018, there is no other material against the petitioner to connect him with the offence.

7.

The weapon of offence has also not been recovered from the petitioner.

8.

He has been made accused in another case about which reference has been given in the impugned order which is annexed with the present case, which is related to an offence under Arms Act.

9.

The petitioner is in custody since 02.03.2024. 10.

This Court has also taken note of the fact that all other accused persons of this Case have been

Patna High Court CR. MISC. No.36520 of 2024(3) dt.19-07-2024 3/3 released on bail.

11.

Considering the afore-stated facts, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Bikramganj P.S. Case No. 109 of 2017.

12.

However, it is made clear that the petitioner shall participate in the trial, if the case goes to trial and his failure to do so would render his bail liable to be cancelled.

(Ashutosh Kumar, J) manoj/- sunilkumar U T