Md. Mumtaz Ansari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24218 of 2015 Arising Out of PS.Case No. -112 Year- 2012 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Mumtaz Ansari Son of Jalil Ansari

2. Mohammad Ansari Son of Suleman Ansari Both Resident of villageBansbari, P.S. & District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2015 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered under section 302 of the Indian penal Code. It is alleged by the informant that the deceased on 15.03.2012 at about 3 P.M. had gone out of the house but he did not return and during course of search he was found in maize filed and during treatment he died.

It has been submitted on behalf of the petitioners that petitioners have no criminal antecedent. It is further submitted that petitioners are not named in the first information report and in course of investigation it has come in the evidence that the petitioners were seen at the place of occurrence. From the perusal

Patna High Court Cr.Misc. No.24218 of 2015 (3) dt.03-09-2015 2/2 of the postmortem report it appears that the deceased has succumbed to the injuries caused by hard and blunt substance. None of the witnesses has stated that the petitioners were armed with any weapon. Except the last seen, there is nothing to suggest the complicity of the petitioners in the crime. On behalf of the State it is submitted that the petitioners are not named in the first information report and subsequently name of the petitioners has come in course of investigation.

Considering the aforesaid facts and circumstances, the above named petitioners in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M. Araria in Araria P.S. Case No. 112 of 2012, subject to the conditions as laid down under section 438

(2) Cr.P.C.

(Sudhir Singh, J) M.Rahman/- U T