Arman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82335 of 2024 Arising Out of PS. Case No.-280 Year-2024 Thana- MAHARAJGANJ District- Siwan ====================================================== Arman Ansari, S/o Md. Ali @ Mohamad Ali @ Mahmad Ali, R/o VillageUpadhya Tola, P.S.- Maharajganj, District- Siwan ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the State :

Mr. Surendra Kumar, APP For the Informant :

Mr. Nagendra Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Maharajganj P.S. Case No.280 of 2024 registered for the offences punishable under Sections 302 and 120-B read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The accused/petitioner is named in the FIR and is in custody since 27.06.2024.

4. The allegation against the petitioner is to commit murder of the brother of the informant along with other coaccused persons, where occurrence is alleged to be arising out

Patna High Court CR. MISC. No.82335 of 2024(4) dt.21-02-2025 2/3 of previous enmity/occurrence, which alleged to be taken place in February, 2024 itself.

5. It is submitted by learned counsel appearing for the petitioner that merely on the basis of allegation, as petitioner along with other co-accused persons out of previous acquaintance, call the brother of the informant from his house on 24.06.2024, the petitioner was implicated with present case. It is submitted that this case is based upon circumstantial evidence, where except last seen, nothing available against the petitioner. It is pointed out that similarly situated co-accused persons, namely, Ravikant Kumar has already granted bail by this Court. It is submitted that the case of the petitioner stands on better footing to that of coaccused Ravikant Kumar, as the deceased was not found sitting on his motorcycle. While concluding argument, it is submitted that the petitioner is a man of clean antecedent and moreover investigation of this case is completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer for grant of bail

Patna High Court CR. MISC. No.82335 of 2024(4) dt.21-02-2025 3/3 to the petitioner.

7. In view of aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of last seen and also out of previous enmity prima facie nothing incriminating appears against the petitioner during the course of investigation as to connect him with the present occurrence of murder, coupled with the fact that petitioner is in custody since 27.06.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Siwan in connection with Maharajganj P.S. Case No.280 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').

(Chandra Shekhar Jha, J.) Sanjeet/- U T