← Library
Patna High CourtCR. MISC./62626/2023allowed

Sarwar Ansari @ Server Ansari v. The State Of Bihar

2023-10-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62626 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- CHANDRAMANDI District- Jamui ====================================================== Sarwar Ansari @ Server Ansari Son Of Tasmuddin Ansari Resident Of Village- Bandha, Ps- Chandramandih, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201 and 120B of the Indian Penal Code.

3. The prosecution case in short, is that, marriage was solemnized between son(deceased) of the informant and daughter of the petitioner. On 30.08.2022, the informant's son arrived to Bandha Village with petitioner on his request and on 31.08.2022, the informant received information about the death of her son and on arrival, her son's dead body was found.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. No

Patna High Court CR. MISC. No.62626 of 2023(2) dt.09-10-2023 2/2 any specific allegation has been levelled against the petitioner only on the basis of suspicion, he has been dragged in this case. There is no eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by co-ordinate Bench of this Court vide Annexure-2 of this petition. Moreover, the petitioner is languishing in judicial custody since 04.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandramandih P.S. Case No. 148 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Jamui. (Sunil Kumar Panwar, J) shubham/- U T