Ayub Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70066 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- MATIYARIA District- West Champaran ====================================================== Ayub Ansari S/o Faruk Ansari R/o Village- Lachhnauta, P.S.- Matiyariya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Adv.
Ms. Bharti Rai, Adv.
Mr. Sitesh Kashyap, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP For the Informant/s :
Mr. Rakesh Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Matiyariya P.S. Case No. 05 of 2024 dated 18.01.2024 registered for the offences punishable under Sections 302, 120B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the informant's husband after distributing mid-day meal returned to his house and then he went to open medical shop and to pay money to some persons through mobile. In the meantime, from village mosque, it is announced that Lalbabu Master was shot. Upon
Patna High Court CR. MISC. No.70066 of 2024(3) dt.19-02-2025 2/3 hearing the announcement, the informant and her relatives reached there and she found that her husband was lying in unconscious condition in the shop. Thereafter, the informant brought her husband to hospital where he was declared dead.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has transpired in this case merely on suspicion. There is land dispute between the parties. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.03.2024.
5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition of the petitioner and submitted that when the police raided the house of the petitioner, a country-made pistol, three live cartridges and one empty cartridge were recovered.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
Patna High Court CR. MISC. No.70066 of 2024(3) dt.19-02-2025 3/3 the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Matiyariya P.S. Case No. 05 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T