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Patna High CourtCR. MISC./81750/2023bail granted

Mahboob Ansari @ Mahboob v. The State Of Bihar

2024-03-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81750 of 2023 Arising Out of PS. Case No.-444 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

Mahboob Ansari @ Mahboob, S/O Idris Ansari, R/O Housing Colony, Thana Chowk, P.S- K.Hat, Distt.- Purnea.

2.

Sahboob Ansari, S/O Idris Ansari, R/O Housing Colony, Thana Chowk, P.SK.Hat, Distt.- Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with K. Nagar P.S. Case No. 444 of 2023 lodged on 25.07.2023 under Sections 302, 394, 120B of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against the unknown alleging therein that all the accused persons in connivance with each other have killed the informant's husband in the course of committing robbery.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners are in custody since 21.08.2023 having no criminal antecedent. The chargesheet has already been filed. The

Patna High Court CR. MISC. No.81750 of 2023(3) dt.05-03-2024 2/2 petitioners have been made accused in the present case only on the basis of tower location and except this, there is nothing against them.

5. Learned counsel for the State opposes the prayer for bail.

6. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, the learned counsel for the petitioners submits that he is not aware of the fact whether the charge has been framed or not.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named be released on bail, but only after six months of framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Purnea , subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

8. The trial Court is directed to conclude the trial at the earliest.

(Dr. Anshuman, J) Ashwini/- U T