Md. Ansar v. The State Of Bihar,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68835 of 2023 Arising Out of PS. Case No.-27 Year-2021 Thana- MANSAHI District- Katihar ====================================================== Md. Ansar, aged about 29 years, Male, son of Md. Amir Hussain @ Amir Hussain, resident of Lahasa, P.S. - Mansahi, Distt- Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with S. T. No.206 of 2021 arising out of Mansahi PS Case No.27 of 2021 dated 21.03.2021, instituted under Sections 302, 201, 120B/34 of the Indian Penal Code.
3. The prosecution case, in short, is that the informant's father and the petitioner was doing business of mustard and makhana together. On the alleged date of occurrence, the informant's father had gone with the petitioner to village Lahasa for collecting dues money. Father of the informant did not return and his mobile was switched off. Thereafter, the informant went to the house of petitioner and enquired about his father upon which he replied that his father
Patna High Court CR. MISC. No.68835 of 2023(2) dt.08-11-2023 2/3 did not come to him. On the next day, the informant found a farsa having blood on it and dead body of his father in a maize field. The informant suspected that his father has been murdered by the petitioner and his associates with a view to grab the dues money of the business.
4. Learned counsel for the petitioner submits that the police after investigation submitted charge-sheet against four persons and the petitioner was not sent up for trail. Accordingly, court below took cognizance against four persons and discharged the petitioner. However, during the course of trial, the witnesses have taken the name of the petitioner also. Accordingly, the court below upon the petition filed by the informant has summoned the petitioner under Section 319 Cr. P.C. to face trial. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.68835 of 2023(2) dt.08-11-2023 3/3 ADJ-V, Katihar, in S. T. No.206 of 2021 arising out of Mansahi PS Case No.27 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T