Kalam Ansari @ Kalam Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39838 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- CHAKAI District- Jamui ====================================================== KALAM ANSARI @ KALAM MIAN S/O ALIJAM ANSARI R/O VillageGarurbad, P.S- Chakai, Distt.- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-07-2023 Heard learned counsel appearing on behalf of the parties.
2.
The petitioner seeks bail in connection with Chakai P.S. Case No.157 of 2022 registered for the offence under Sections 147, 148, 149 302 and 120B of the Indian Penal Code.
3.
The accused/petitioner is named in the F.I.R. and is in custody since 22.07.2022.
4.
The allegation against the petitioner is to commit murder of the son of the informant, along with other 11 named co-accused persons by means of using Kulhari (Axe), rod, danda, etc., where, reason of occurrence is not explained through FIR.
5.
Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.39838 of 2023(2) dt.31-07-2023 2/3 petitioner submitted that informant is not eye-witness of the occurrence and as he found running away by informant, from the alleged place of occurrence, where a dead body of the son of the informant was laying over, implicated with this case, without having any connecting chain. It is submitted that considering the same fact, similarly situated co-accused persons, namely, Zalil Ansari, Anshu Mia and Kurban Mia have already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 69293 of 2022 dated 29.04.2023. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
7.
Considering the facts and circumstances as mentioned above, as implication of this petitioner appears mainly on the basis of suspicion, as he found running away along with other co-accused persons, from place of occurrence coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 22.07.2022, let the
Patna High Court CR. MISC. No.39838 of 2023(2) dt.31-07-2023 3/3 petitioner, above named, is directed to be released on bail in connection with Chakai P.S. Case No.157 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Jamui/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T