Akbar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15875 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- Nawalpur District- West Champaran ====================================================== Akbar Ansari S/O Abdullah Ansari @ Abdullah Miyan R/O Vill.- Nawalpur, P.S.- Nawalpur, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Raki Alam, Advocate For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Cr. Misc. Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Nawalpur P.S. Case No. 101 of 2024, dated 27.11.2024, lodged under Sections 375(5), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner alleging that the recovery of motorcycle, which was subject to theft, has been made from the possession of one accused person.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.15875 of 2025(2) dt.02-04-2025 2/2 further submits that the said motorcycle was not recovered from the possession of the petitioner. Counsel further submits that the petitioner's name has figured in this case by virtue of the confessional statement of the co-accused from whose possession, the motorcycle was recovered. Counsel also submits that the petitioner has clean criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Judicial Magistrate 1st Class, Bettiah, West Champaran, in connection with Nawalpur P.S. Case No. 101 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U T