Md Saud Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37222 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== MD SAUD ANSARI S/O LATE ABDUL QAIYUM ANSARI R/O Vill. Pavna, Ward No. 1, PS. Neemachandpura, Dist. Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mrs.Pushpa Sinha.1 For the informant :

Mr.Vinod Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 54 of 2023 dated 2.2.2023 registered for the offence punishable u/s 302/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.37222 of 2023(2) dt.07-07-2023 2/3 As per the prosecution case, Faiz Ahmad Khan fired on the leg of the informant's husband. The co-accused Furan and Saiful Ansari also fired on her husband. Thereafter, Faiz Ahmad and two unknown miscreants fired on her husband who died on the spot.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused, Faiz Ahmad Khan. The specific allegation of firing is against the co-accused Faiz Ahmad Khan, Furan and Saiful Ansari. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.4.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.37222 of 2023(2) dt.07-07-2023 3/3 concerned, Begusarai in connection with Muffasil P.S. Case No. 54 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T