Md. Raja @ Reyaj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40695 of 2018 Arising Out of PS. Case No.-687 Year-2017 Thana- PHULWARI District- Patna ====================================================== Md. Raja @ Reyaj Ansari S/o Md. Mahmood @ Mahmood Ansari resident of Mohalla - Karbala Marg, Ishopur, P.O. & P.S. Phulwarisarif, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Narayan Sharma For the Opposite Party/s :

Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Phulwarisharif P.S. Case No. 687 of 2017 registered for the offence punishable under Sections 364, 302, 201/34 of the Indian Penal Code.

Informant in his written complaint dated 30.10.2017 addressed to Officer-in-charge, Phulwarisharif Police Station has stated that on 27.10.2017 he had lodged a complaint regarding missing of his son but subsequently in inquiry he was informed that friend of his son on 19.10.2017 on the Diwali night had assembled to play cards. He has named five co-accused, except petitioner, but in the subsequent paragraph of his written complaint he has named 10-12

Patna High Court Cr.Misc. No.40695 of 2018(3) dt.16-08-2018 2/2 accused persons against whom there is allegation of assaulting and killing of his son. Petitioner is also one of them. The allegations are general and omnibus in nature and has been made after 13 days of occurrence. It has been further submitted that similarly placed co-accused have been granted regular bail by a different co-ordinate Bench of this Court vide order dated 17.05.2018, 28.05.2018 03.07.2018 and 02.08.2018 passed in Cr. Misc. No. 25496 of 2018, Cr. Misc. No. 26853 of 2018, Cr. Misc. No. 32636 of 2018 and 33871 of 2018 respectively. It has been further submitted that petitioner is in custody since 16.12.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XV, Patna, in connection with Phulwarisharif P.S. Case No. 687 of 2017.

(S. Kumar, J) veena/- U