Sharif Ansari @ Lali Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39583 of 2024 Arising Out of PS. Case No.-804 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Sharif Ansari @ Lali Mian Son of Niyamat Miyan R/O- Village- Gulab Tola Gurwaliya Police station - Manuapool O.P. , District West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Bettiah Muffasil (Manuapool) P.S. Case No. 804 of 2023, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
3. The prosecution case, based on the written report of the informant, is that the father of the informant was sitting in his office, then two persons, namely, Manoj Kumar and one unknown person requested him to come to kudiya kothi for some work, father of the informant went there but not returned. It is alleged that the informant came to know that due to previous enmity his co-villagers, namely, Md. Raja, Mantu Yadav, Firoj Mukhiya, Guddu Mahto, Raj Kumar and some
Patna High Court CR. MISC. No.39583 of 2024(3) dt.12-07-2024 2/3 unknown persons have killed his father by stabbing by means of knife.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to village politics as the petitioner is the Up-Mukhiya of the Panchayat. He further submits that the petitioner is not named accused in the FIR except the confessional statement of the petitioner, there is no material against the petitioner. He also submits that petitioner has two criminal antecedent and he is in custody since 09.01.2024. He further submits that charge-sheet has already been submitted in this case and there is no chance of tampering with evidence. The petitioner undertakes to cooperate in the trial.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, 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 Chief Judicial Magistrate, Bettiah, District-West Champaran / Concerned Trial Court in connection with Bettiah Muffasil
Patna High Court CR. MISC. No.39583 of 2024(3) dt.12-07-2024 3/3 (Manuapool) P.S. Case No. 804 of 2023.
(Sunil Dutta Mishra, J) ashishkr/- U T