Mohammad Nishat Akhtar Ansari @ Nishat Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10491 of 2024 Arising Out of PS. Case No.-621 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

Mohammad Nishat Akhtar Ansari @ Nishat Ahmad S/O Akhtar Hussain @ Md. Akhtar Hussain @ Bhola Resident Of Naimuddin Road,Karim Chowk, Ps. Chapra, Dist. Saran (CHAPRA).

2.

Md. Akhtar Hussain @ Bhola S/O Late Alam Ansari Resident Of Naimuddin Road,Karim Chowk, Ps. Chapra, Dist. Saran (CHAPRA). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Chapra Town P.S Case No. 621/2023 dated 01.08.2023 registered for the offences punishable u/ss 452, 341, 323, 364, 379, 504 and 506 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have abducted the informant's son and assaulted him. When the informant reached there and went to rescue, the petitioners assaulted

Patna High Court CR. MISC. No.10491 of 2024(2) dt.11-03-2024 2/3 him and snatched money, purse and mobile phone.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that the informant's son has gulped the money of the petitioners and many others. It is further submitted that there is no injury report on record to support the allegation of assault. No offence u/s 364 of the IPC is made out against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners. 6.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Chapra Town P.S Case No. 621/2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.10491 of 2024(2) dt.11-03-2024 3/3

7. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T