Md. Nasim @ Nasim Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18187 of 2023 Arising Out of PS. Case No.-256 Year-2022 Thana- LAURIA District- West Champaran ====================================================== Md. Nasim @ Nasim Alam Son Of Haroon Raseed Ansari R/O VillageParsauna Baiskhwa, P.S.- Gopalpur, District- West Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, in the present case, is seeking prearrest bail in connection with Lauriya P.S. Case No. 256/2022 registered for the offences punishable under Sections 364(A), 120(B) of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application. As per the prosecution story, the informant alleged that on 05.08.2022 while he was proceeded from Narkatiyaganj from Patna with his driver and reached at Lauriya then two persons wearing mask stopped his vehicle and entered inside the vehicle and told that he has been kidnapped and demanded Rs. 25,00,000 on call from his house. On the next morning the informant told her wife to bring money at Gokhula Station and driver of the vehicle said the wife of the informant to give
Patna High Court CR. MISC. No.18187 of 2023(2) dt.05-06-2023 2/3 money to the miscreants. One Ratnesh Kumar who is computer operator of the informant got the knowledge of the incident, came with his associates at the Gokhula Railway Station and surrounded the miscreants, in the meantime, driver of the vehicle Md. Yasim tried to flee away but apprehended with one Md. Ayub. They disclosed the name of the petitioner as Md. Nasim.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that no incriminating articles has been recovered from the possession of the petitioner. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Having regard to the facts and circumstances of the case wherein the allegations are that of abduction of the informant for ransom and the petitioner has been named by his own relative who was apprehended by police, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is, thus, refused.
Learned counsel for the petitioner submits that petitioner will surrender within a period of four weeks from
Patna High Court CR. MISC. No.18187 of 2023(2) dt.05-06-2023 3/3 today.
Let the petitioner surrender in the learned court below and pray for regular bail which will be considered on it's own merit without being prejudiced by the order of this Court. (Rajeev Ranjan Prasad, J.) Rajeev/- U T