Sarfaraz Ansari @ Sarfaraz Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75394 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- SIMULTALLA District- Jamui ====================================================== SARFARAZ ANSARI @ SARFARAZ MIYAN S/O NASARUDDIN MIAN Resident of village- Lilawaran, P.S.- Simultala, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302, and 120B/34 of the IPC and 27 of the Arms Act.

As per prosecution case, informant alleged that on 10.08.2022, while his brother was going towards Lohiya Chowk, petitioner along with co-accused persons assaulted him by firearms. Thereafter he took his brother near hospital where doctor declared him dead.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted

Patna High Court CR. MISC. No.75394 of 2022(2) dt.24-03-2023 2/2 that from perusal of the FIR it is apparent that there is no overt act has been leveled against the petitioner. He is languishing in judicial custody since 16.08.2022.

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

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 Simultala P.S. Case No. 75 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 Additional Chief Judicial Magistrate-II, Jamui. (Sunil Kumar Panwar, J) Manish/- U T