Zaheer Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55808 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- JHAJHA District- Jamui ====================================================== Zaheer Ansari S/o Nasrul Ansari, R/o Vill.- Rani , P.S.- Jhajkha, DistrictJamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar For the Opposite Party/s :

Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-10-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Jhajha P.S. Case No. 29 of 2018, dated 22.01.2018, instituted for the offences under Sections 302, 201, 120B/34 of the Indian Penal Code.

The petitioner is not named in the F.I.R. In fact, the F.I.R. has been registered against unknown. The son of the informant was found dead.

The prosecution story is that the deceased had come out of his house to go to his barber shop but never returned. Later, his dead body was found.

During the course of investigation, it came to light that the father of the deceased/informant was

Patna High Court Cr.Misc. No.55808 of 2018(3) dt.29-10-2018 2/3 asked by one Belal Ansari, a co-accused, to marry off his son as he was unnecessarily stalking the daughter of Babloo Ansari. The Investigating Agency took up the clue from the aforesaid statement and investigated the conduct of Belal Ansari and Babloo Ansari. It came to light that Babloo Ansari and the petitioner were related to each other and they stay nearby. It is on the basis of the aforesaid facts that a suspicion has been cast on the petitioner as well.

Learned counsel appearing for the petitioner has submitted that but for the confession of one Belal Ansari and the fact that in some way or the other the petitioner is associated with Babloo Ansari, whose daughter was allegedly been stalked by the deceased, there is no other material to come to the conclusion that the petitioner had either hatched any conspiracy or had taken part in the killing of the deceased.

The petitioner does not have any criminal antecedent.

For the aforesaid facts, the petitioner abovenamed is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with

Patna High Court Cr.Misc. No.55808 of 2018(3) dt.29-10-2018 3/3 two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui in connection with Jhajha P.S. Case No. 29 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U