Phul Mohammad Ansari @ Phul Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3305 of 2020 Arising Out of PS. Case No.-155 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

PHUL MOHAMMAD ANSARI @ PHUL MOHAMMAD Son of Sarfullah Ansari @ Sarfulah Resident of Village - Budhawaha, P.S.- Chhauradano, District - East Chamapran.

2.

Aijajul Mansoori Son of Late Alaudin Mian Resident of Village - Pipra, P.S.- Darpa, District - East Chamapran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar, Adv For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-06-2020 The matter has been taken up through video conferencing.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 395/397 of the Indian Penal Code and Section 3/4 of Explosive Substance Act.

The FIR of the occurrence of dacoity is against unknown 10 to 11 person. Name of the petitioner surfaced in the confessional statement of co-accused. Petitioner No.1 has got more than one criminal antecedent. Petitioner No.2 was also an

Patna High Court CR. MISC. No.3305 of 2020(3) dt.26-06-2020 2/2 accused in earlier case which resulted in acquittal. Learned counsel for the petitioners submits that nothing was recovered from possession of the petitioners. Considering the nature of allegation and nature of material available as well as criminal antecedent, in my view, this is not a fit case for grant of anticipatory bail. Hence, prayer is refused in connection with Chhauradano P.S.Case No.155 of 2019 pending in the court of learned Sub Divisional Judicial Magistrate, Raxaul at Motihari.

However, in the event of surrender of the petitioners, their prayer for regular bail shall be considered without being prejudiced by this order.

(Birendra Kumar, J) Nitesh/- U T