Md Imtiyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7590 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- JHAJHA District- Jamui ====================================================== 1.

MD IMTIYAZ ANSARI Son of Khairul Ansari Resident of Village - Paharpur, P.S. - Jhajha, District - Jamui.

2.

Md. Akhtar Ansari Son of Khairul 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.Md. Najmul Hodda For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in connection with Jhajha P.S. Case No. 28 of 2020 registered for the offence under Sections 302, 201/34 of the Indian Penal Code. Allegedly, the informant's son went to eat plum and ldid not return. Later on, his dead body was found lying in the forest of Tarapur.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.7590 of 2021(2) dt.09-08-2021 2/2 tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. It is a case of last seen. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioners in the present case.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 28 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T