Md. Feyaz @ Md. Feyaz @ Feyaz Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3186 of 2024 Arising Out of PS. Case No.-309 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Md. Feyaz @ Md. Feyaz @ Feyaz Ansari S/O LATE ALLAUDDIN ANSARI VILLAGE- MADHUBAN JAGDISH @ BAJHILA, PS. KANTI, DIST. MUZAFFARPUR.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner has prayed for bail in a case instituted for the offence under Sections 363, 365 and 34 of the Indian Penal Code and later on requisition has been filed for adding Sections 364, 302, 201, 120B/34 of the IPC.
3. The allegation against the petitioner along with others is of abducting and killing the brother of the informant after calling him from home.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There has been delay of about two months in lodging the FIR. The deceased died an accidental death which is evident from U.D. Case, inquest report and
Patna High Court CR. MISC. No.3186 of 2024(2) dt.31-01-2024 2/2 postmortem. He submitted that a dead body was found on the railway track near ghumti no. 106 in between Kms 4/7 and 4/8 near Sitamarhi gumti and said dead body was brought at Rail Police Station, Muzaffarpur and in this regard Chowkidar Pati Paswan registered a U.D. Case bearing Kanti P.S. (U.D.) Case No. 02/2021 dated 07.03.2021. He further submitted that inquest was also prepared where cause of death has been mentioned as death due to fall from unknown train. The dead body was in dilapidated condition. He is languishing in judicial custody since 03.08.2023.
5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, (West) Muzaffarpur in connection with Kanti P.S. Case No. 309/2021.
(Sandeep Kumar, J) Saif/- U T