Md. Faruk Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49079 of 2021 Arising Out of PS. Case No.-455 Year-2021 Thana- BANKA District- Banka ====================================================== Md. Faruk Ansari Son of Late Ramzani Ansari Resident of Village - Navtgoliya Chamreli, P.S. and Distt.- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Banka P.S. Case No. 455 of 2021 registered for the offences punishable under Sections 307, 120(B) and subsequently added section 302 of the Indian Penal Code and Section 3/4/5 Explosive Substance Act.

According to prosecution case, while the informant Mukesh Kumar alongwith his staff was conducting inspection of vehicle at Gandhi Chowk, Banka he received information that a bomb went off in the Madarsa situated in Chamraili-Narvtoliya village. On that information, the informant alongwith his team

Patna High Court CR. MISC. No.49079 of 2021(4) dt.29-03-2022 2/3 reached at alleged spot and after inspection, he found the southern part of the said Madarsa had demolished and its debris scattered on the ground. On enquiry, the villagers disclosed that a bomb had gone off in that Madarsa due to which the Madarsa had demolished and the Imam of the Madarsa namely Abdul Mobin got injured, who was taken by the villagers to elsewhere for his treatment and during treatment he dead. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case only on the basis of suspicion. He further submits that in fact the petitioner is the member of the Madarsa Committee. He further submits that the deceased Imam Abdul Mobil only used to live in Madarsa and due to bomb explosion he died. He further submits during investigation nothing has come against the petitioner. The petitioner is in custody since 18.06.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail on the basis of material available on the record and case diary submits that there is sufficient material against the petitioner and in para 99 of the case diary petitioner also confessed his guilt. Considering the aforesaid facts and circumstances, I

Patna High Court CR. MISC. No.49079 of 2021(4) dt.29-03-2022 3/3 am not inclined to grant the privilege of bail to the petitioner and accordingly, the same is rejected.

(Rajesh Kumar Verma, J) mdrashid/- U T