Partly allowed

Jamat Ansari @ Jamat v. The State of Bihar

Patna HC11 Jun 2019CR. MISC./36299/2019

Case brief

AI extract

What is this about?

High Court at Patna disposed of a criminal miscellaneous petition for anticipatory bail PETITIGR, Md. Asfaque and his co-petitioners. Court rejected bail for Md. Asfaque due to lack of explanation regarding injuries and discharge of his dead body. It directed release on bail of remaining petitioners if they surrender within four weeks.

What did the court decide?

Prayer for anticipatory bail of petitioner no.3 rejected; remaining petitioners directed to be released on bail upon surrender within four weeks.

Jamat Ansari @ Jamat Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36299 of 2019

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Arising Out of PS. Case No.-655 Year-2014 Thana- FORBESGANJ District- Araria

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======================================================

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JAMAT ANSARI @ JAMAT Son of Late Kallar @ Hefajuddin Ansari Resident of Village - Rampur Dakshin, Forbesganj, P.S.- Forbesganj, Dist.Araria.

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Md. Ekram @ Ekram Ansari @ Md. Akram Son of Late Sabir Resident of Village - Rampur Dakshin, Forbesganj, P.S.- Forbesganj, Dist.- Araria.

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Md. Asfaque Son of Late Sabir Resident of Village - Rampur Dakshin, Forbesganj, P.S.- Forbesganj, Dist.- Araria.

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Md. Akbal Ansari Son of Late Sabir Resident of Village - Rampur Dakshin, Forbesganj, P.S.- Forbesganj, Dist.- Araria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ramesh Kumar Singh, Adv For the Opposite Party/s : Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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2 11-06-2019

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Heard learned counsel for the petitioners as well as

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learned APP.

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Deceased was taken away by the petitioner no.3, Md. Asfaque to Patna on the pretext of providing a job and then thereafter, his dead body was taken back over Ambulance on 19.09.2014 having so many injuries over the person.

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From the order impugned, it is evident that so many multiple ante-mortem injuries have been found which happens to be the real cause of death. Non explanation at the end of petitioner no.3 disentitles him to seek prayer for anticipatory

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Patna High Court CR. MISC. No.36299 of 2019(2) dt.11-06-2019 2/2

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bail irrespective of the fact that police after investigation submitted final form, differing therefrom the learned lower court has taken cognizance for an offence punishable under Sections 302, 201/34 of the IPC vide order dated 12.01.2018.

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Accordingly, prayer for anticipatory bail of petitioner no.3, Md. Asfaque is rejected.

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So far remaining petitioners, namely, 1. Jamat Ansari @ Jamat, 2. Md. Ekram @ Ekram Ansari @ Md. Akram, 3. Md. Akbal Ansari are concerned, they are, in the event of arrest/surrender within four weeks from the date of order, directed to be released on bail on furnishing bail bond of Rs. 10,000/- each with two securities of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj PS Case No. 655 of 2014, subject to the condition as laid down under Section 438(2) of the CrPC.

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(Aditya Kumar Trivedi, J)

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perwez

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U T

Jamat Ansari @ Jamat v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jamat Ansari @ Jamat v. The State of Bihar

Case brief

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What did the court decide?

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