Sahdul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56880 of 2022 Arising Out of PS. Case No.-345 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== SAHDUL ANSARI Son of Saheb Ansari @ Saheb Hussain Miya @ Saheb Husain Resident of village - Harakhuwa Ward No.- 2, P.S.- Gopalganj, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 328 and 302 of the Indian Penal Code.

3. The allegation against the petitioner is of administering intoxicating medicine to the wife of the informant, due to which she died.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There was extra marital relation between the petitioner and the deceased (wife of the informant) for which the informant chided the

Patna High Court CR. MISC. No.56880 of 2022(7) dt.18-07-2023 2/2 deceased after which she consumed poison and died and the informant falsely implicated the petitioner in the present case. Except suspicion, there is no specific overt act and no consistent evidence against the petitioner in commission of murder. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.07.2022.

5. The application for bail is opposed by learned APP for the State and submitted that from the perusal of the FSL report of the deceased, it appears that Aluminium Phosphide was detected, which is also known as 'Celphos'.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Gopalganj Nagar P.S. Case No. 345 of 2022.

(Sunil Kumar Panwar, J) arish/- U T