Akhtar Ansari @ Akhtar Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52712 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- JHAJHA District- Jamui ====================================================== AKHTAR ANSARI @ AKHTAR MIYA S/o Ibrahim Miya @ Birahim Ansari Resident of Village- Paharpur, P.S.- Jhajha, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Prakash, Advocate For the Opposite Party/s :

Mr. Murli Dhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Jhajha P.S. Case No. 28 of 2020 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code 1860. The allegation in nutshell is that the petitioner along with other accused persons called the son of the informant and took him away along with them for plucking fruits, but the informant's son did not return. Subsequently, his dead body was found in a jungle after one day.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of suspicion only and during course of investigation no material

Patna High Court CR. MISC. No.52712 of 2021(2) dt.29-04-2022 2/2 has come against the petitioner. He next submits that similarly situated co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. 7590 of 2021 and 12260 of 2021 respectively. Petitioner is in custody since 17.5.2021 and charge sheet has already been submitted. Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that no cogent material has come against the petitioner, similarly situated co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court, petitioner is in custody since 17.5.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No. 28/2020. (Anil Kumar Sinha, J) S.