Jafarullah Ansari @ Md. Jafarullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46416 of 2014 Arising Out of PS.Case No. -59 Year- 2014 Thana -PRATAPGANJ District- SUPAUL ====================================================== Jafarullah Ansari @ Md. Jafarullah son of Late Mubarak Ansari, resident of village- Kamalpur, P.S.- Balua Bazar, District- Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Shailendra Kumar No.1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is in custody since19.8.2014 in Prataspganj P.S.Case No.59/14 for the offences under Sections 363, 365, 302, 364, 201/34 of the I.P.C.

It is submitted on behalf of the petitioner that he is not named in the F.I.R. and due to enmity the petitioner was arrested on mere suspicion and only because the fact that it was found that the son of the petitioner was made to give confessional statement before the police leading to the arrest of the petitioner. In the present case the case diary has already been received Learned counsel for the State submits that as per the

Patna High Court Cr.Misc. No.46416 of 2014 (3) dt.18-02-2015 2/2 case diary the police examined call detail report(C.D.R.) of mobile of the deceased, the IMEI of which was 351731065064480. It was found that the petitioner as well as his son had been using the said mobile set for communicating with each other by putting their own SIM. It also appears that at present the matter is still under investigation and the implication of the petitioner in connection with the present case cannot be ruled out. It is further submitted that in the present case charge sheet has already been submitted. Having perused the materials on record and also considering that the investigation is continuing, as well as various statements contained in various paragraphs of the case diary, I am not inclined to grant bail to the petitioner. It also appears from the call detail report that he had actively participated in the offence along with his son.

Under such circumstances, I am not inclined to grant bail to the petitioner, prayer for bail of the petitioner is accordingly rejected.

(Anjana Mishra, J) AnilKrSinha/- U T