This court granted anticipatory bail to the petitioner who was facing charges of murder, culpable homicide, and attempt to murder. The court observed that the accusation rested solely on suspicion, with no direct evidence available against the petitioner.
Provisional bail granted is confirmed; applicant allowed to remain on existing bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12260 of 2021
Arising Out of PS. Case No.-28 Year-2020 Thana- JHAJHA District- Jamui
======================================================
MD MUKATAR ANSARI, Son of Khairul Ansari Resident of Village - Paharpur, P.S.- Jhajha, Dist.- Jamui.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Md. Najmul Hodda For the Opposite Party/s : Mr. Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
4 24-02-2022
Heard Mr. Abdul Mannan Khan, learned Advocate
for the petitioner and learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Jhajha P. S. Case No. 28 of 2020, instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.
The petitioner and three others are said to have taken the deceased to a place for plucking fruits but the deceased never returned. Later, his dead-body was found in a jungle. The deceased was found to have been crushed by stone.
The accusation against the petitioner is solely
Patna High Court CR. MISC. No.12260 of 2021(4) dt.24-02-2022 2/3
based on suspicion.
Mr. Khan, learned Advocate for the petitioner has submitted that though he has been named in the F.I.R. but there is no direct or indirect evidence against him except for suspicion. The reason for suspecting the hands of the petitioner in this case is that there had been a murder in the family of the petitioner in which the informant and his son were charged but they were acquitted. It appears that in retaliation, the son of the informant has been killed at the hands of the petitioner and others.
During the course of investigation, it has come to light that the deceased did not have a balanced mind and precisely for that reason, his marital life also was disturbed.
However, during the entire investigation, no definite evidence could be collected with respect to the participation of the petitioner in the occurrence. It is also not certain whether the deceased was crushed to death. The possibility of his getting injured in the jungle by falling on stone also cannot be ruled out.
One of the other accused persons of this case with
Patna High Court CR. MISC. No.12260 of 2021(4) dt.24-02-2022 3/3
similar accusation has been granted anticipatory bail by a
Bench of this Court.
Taking into account the afore-stated facts, the
case-diary was called for and the petitioner was granted provisional bail.
Perused the diary.
There is no direct material against the petitioner
and the accusation is only on the basis of suspicion.
Considering the afore-noted facts, the provisional
bail granted to the petitioner is, hereby, confirmed. The
petitioner shall remain on the same bail-bonds.
The application stands allowed.
(Ashutosh Kumar, J)
skm/-
U T
3 issues framed by the court
Whether the petitioner is entitled to confirmation of provisional anticipatory bail given the lack of direct evidence.
Whether the accusation against the petitioner is based on suspicion rather than material facts.
Whether the confirmation of bail is warranted considering the circumstances of the alleged offence.
Md Mukatar Ansari
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
