Adil Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45329 of 2023 Arising Out of PS. Case No.-4 Year-2020 Thana- KURTHA District- Jehanabad ====================================================== 1.

Adil Ansari Son Of Anjullah @ Nathu Ansari @ Mohammad Ainullah Ansari Village- Sohraiya Ps- Kurtha Dist- Arwal 2.

Bablu Maharaj son of Jamalluddin Maharaj Village- Sohraiya Ps- Kurtha Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Roona For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 279, 304(A) of the Indian Penal Code. Subsequently Section 302 I.P.C was also added. As per prosecution case, the informant received information from co-villager Gudiya Praveen that due to rash and negligent driving an unknown vehicle dashed his father due to which, he died on the spot. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.45329 of 2023(3) dt.22-08-2023 2/3 petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners are not named in the F.I.R. The petitioners were not apprehended from the spot. There is no eye witness to the occurrence and all the witnesses are hearsay witnesses. The petitioners have no role in the accident of the father of the informant. The petitioners are languishing in custody since 22.11.2021. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Moreover, other similarly situated co-accused person has been granted bail by a coordinate Bench of this Court vide order dated 27.09.2022 passed in Cr. Misc. No. 64137 of 2021. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.45329 of 2023(3) dt.22-08-2023 3/3 (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Jehanabad in connection with Kurtha P.S. Case No. 04 of 2020(Sessions Trial No. 271/2022). (Sunil Kumar Panwar, J) Shageer/- U T