Hafajul Ansari @ Hefajul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46873 of 2022 Arising Out of PS. Case No.-669 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Hafajul Ansari @ Hefajul Ansari Son of Sahadat Ansari Resident of Village - Bhela Chapra, P.S.- Surkauliya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjana Srivastava For the State :

Mr. APP For the Informant :

Mr. Lalan Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-12-2022 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Turkaulia P.S. Case No. 669 of 2021 registered for the offence under Sections 341, 323, 302, 326 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in

Patna High Court CR. MISC. No.46873 of 2022(2) dt.14-12-2022 2/3 custody since 27.06.2021.

The allegation against the petitioner is to commit murder of husband of the informant, alongwith other co-accused persons, by assaulting with knife, due to previous enmity arises out of local disputes and differences.

Learned counsel appearing on behalf of the petitioner submitted that allegation, as appears maximum against this petitioner, as per the face of F.I.R., is only of order giver, whereas specific allegation to give fatal assault is available against co-accused, namely, Mansoor Ansari. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, duly assisted by learned counsel appearing on behalf of the informant, opposes the prayer of bail. In view of the facts and circumstances, as mentioned above, as allegation against this petitioner is only of order giver, as per the face of the F.I.R. coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Turkaulia P.S. Case No. 669 of 2021 on furnishing bail bond of

Patna High Court CR. MISC. No.46873 of 2022(2) dt.14-12-2022 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T