Md. Shaif Ali @ Md. Saif Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88898 of 2024 Arising Out of PS. Case No.-383 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Md. Shaif Ali @ Md. Saif Ali, Son of Md. Chunnu @ Md. Chunnu Khan @ Chunnu Khan, Resident of Village - Manullahpatti Sukaila More, Police Station - Bhargama, District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Arvind Kumar Pandey, APP-84 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and Mr. Arvind Kumar Pandey, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Raniganj P.S. Case No. 383 of 2024 instituted for the offence under Sections 103(1)/61(2) of the Bharatiya Nyaya Sanhita and under Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the informant was married to Amroj Alam. Amroj and informant were living separately from there rest of the family. It is further alleged that the rest of the family member have annoyance against them. It is alleged that two days prior to the occurrence Ali Ahmad has threatened that he will kill. On the date of the
Patna High Court CR. MISC. No.88898 of 2024(2) dt.17-01-2025 2/3 occurrence repeated calls were made on the mobile of the informant's husband, on that calls he went out and did not return for a considerable time. The informant came to know that her in-laws have killed her husband. The name of this petitioner is not there in the FIR.
4. From perusal of the order of the trial court it transpires that one Md. Umar Alam was apprehended. The name of this petitioner has surfaced in the confessional statement of Md. Umar Alam. Admittedly the death was caused by firearm injury. This petitioner is having no criminal antecedent and there is nothing except confessional statement of the co-accused against this petitioner.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Raniganj P.S. Case No. 383 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.88898 of 2024(2) dt.17-01-2025 3/3 to the satisfaction of learned Additional Chief Judicial Magistrate- 1st, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T