Firoz Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73902 of 2022 Arising Out of PS. Case No.-399 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== 1.

FIROZ AHMAD S/o Abdul Jabbar R/o village- Chakmurmur, P.S.- Kanti, Distt- Muzaffarpur.

2.

Afroj Alam S/o Abdul Jabbar R/o village- Chakmurmur, P.S.- Kanti, DisttMuzaffarpur. 3.

Abdul Jabbar S/o Late Wazul Haque R/o village- Chakmurmur, P.S.- Kanti, Distt- Muzaffarpur.

4.

Md. Abdullah S/o Late Md. Fasiullah Md. Abdullah, S/o Late Md. Fasiullah but wrongly mentioned as Chote Mian. R/o Village- Rampur Bakhari, P.S.- Sakra but wrongly mentioned as Ahiyapur, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 Heard learned counsel for the petitioners, learned APP for the State as well as learned counsel appearing on behalf of the informant.

The petitioners apprehend their arrest in connection with Kanti P.S. Case No.399 of 2022, registered for the offences punishable under Sections 341, 323, 302, 307, 406 and 420 of the Indian Penal Code.

It is alleged that the husband of the informant got a life insurance policy in his name and in greed of insured money, the petitioners are said to have killed the husband of the

Patna High Court CR. MISC. No.73902 of 2022(2) dt.04-02-2023 2/3 informant and threw his dead body. It is further alleged that the accused persons withdrew the claim amount and ousted the informant from the house.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that earlier a U.D. case being U.D. Case No.31 of 2022 was registered. Later on, after more than seven months, the instant complaint petition was filed by the informant. It is submitted that no specific overt act is alleged against the petitioners. There is no eye witness of the occurrence. It is submitted that only on suspicion, the petitioners have been made accused in the present case.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.73902 of 2022(2) dt.04-02-2023 3/3 Judicial Magistrate, 1st Class, Muzaffarpur, West in connection with Kanti P.S. Case No.399 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T