Patna High CourtCR. MISC./81861/2023allowed

Siltu Ansari @ Siltu Mansoori @ Samsad Ali v. The State Of Bihar

2024-02-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81647 of 2023 Arising Out of PS. Case No.-413 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Afroj Ansari @ Md Afroj S/O Sabjan Ansari Village- Bindusar Hamid,Ps. Siwan Muffasil, Dist. Siwan.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 81861 of 2023 Arising Out of PS. Case No.-413 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Siltu Ansari @ Siltu Mansoori @ Samsad Ali S/O Azad Ansari @ Azad Village- Orma Bazar, Ps. Siwan Muffasil, Dist. Siwan. ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 81647 of 2023) For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara (In CRIMINAL MISCELLANEOUS No. 81861 of 2023) For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

3. The allegation against the petitioners along with

Patna High Court CR. MISC. No.81647 of 2023(3) dt.06-02-2024 2/3 another is of killing the son of the informant.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to dirty village politics. They have committed no offence. Except suspicion, that the petitioners along with another took away the deceased (informant's son) outside but there is no consistent evidence and no eye-witness to the alleged occurrence to show the complicity of the petitioners. Only on the basis of suspicion and confessional statement of the petitioners before the police, implicated in this case. He further submitted that the postmortem report has not corroborated the confessional statements recorded by these petitioner regarding in which manner this offence was committed. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 01.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.81647 of 2023(3) dt.06-02-2024 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Siwan Muffasil P.S. Case No. 413 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T