Manjur Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63758 of 2021 Arising Out of PS. Case No.-6 Year-2014 Thana- KUCHILA District- Kaimur (Bhabua) ====================================================== MANJUR ANSARI S/o Muru Ansari R/o village- Dangari, P.S.- Khudra, District- Kaimur Bhabhua ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Chandra Verma, APP For the Opposite Party/s :

Dr. Ajeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201, 394 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that his son proceeded on a tractor taking sand on a trailor but did not return. Subsequently, on search his dead body was recovered with the towel tied around his neck and blood oozing out of his nose and mouth.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation in the confessional statement of co-accused Najim Sah made before police. The same is inadmissible. There is no other

Patna High Court CR. MISC. No.63758 of 2021(3) dt.16-05-2022 2/3 incriminating material against this petitioner who is in custody since 19.2.2021 and has no criminal antecedent. He undertakes to cooperate in the trial. It is lastly submitted by learned counsel for the petitioner that the case has been committed to the Court of sessions with Sessions Trial no. 154 of 2021 pending in the Court of learned Additional Sessions Judge XII, Kaimur at Bhabua.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, the petitioner having remained in custody for more than 1 year and the case having been committed to the Court of Sessions, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no. 154 of 2021 (arising out of Kuchila P.S. Case no. 6 of 2014) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge XII, Kaimur at Bhabhua subject to the following conditions : (i) One of the bailors shall be a close relative of the petitioner.

(iii) The petitioner shall remain physically present in Court on each date of the trial.

Patna High Court CR. MISC. No.63758 of 2021(3) dt.16-05-2022 3/3 In case of violation of any of the conditions, the learned Trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Prakash/- U