Ashif @ Anshu Khan @ Md. Anshu Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25692 of 2023 Arising Out of PS. Case No.-242 Year-2015 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ASHIF @ ANSHU KHAN @ MD. ANSHU KHAN Son of Md. Aftab @ Mohammad Aftab Alam R/o Mohalla- Anwarpur PS- Town, dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-07-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sadar Police Station Case No. 242 of 2015, dated 23.05.2015, disclosing offences under Sections 420/406/120(B)/34 of the Indian Penal Code.
The prosecution case, on the basis of the First Information Report, is that on 22.05.2015, the owner of Piyush & Asscociates Pvt. Ltd. got information from his staff, namely, Ajay Kumar, that while he was going to Patna from Hajipur on his motorcycle after collecting due amount of Rs. 10,90,000/- from shopkeepers, four unknown persons with two motorcycle, intercepted him and fled away with money and motorcycle. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.25692 of 2023(2) dt.14-07-2023 2/2 petitioner is not named in the First Information Report and his name transpired on the basis of the confessional statement of coaccused Mohd. Arshad. He further submits that no incriminating material and/or looted cash has been recovered from the possession of the petitioner.
I have heard learned counsel for the parties concerned and have gone through the material available on record, including the impugned order.
It appears that the petitioner has got criminal antecedent and his name transpired on the basis of the confessional statement of the co-accused Mohd. Arshad, which led to the recovery of some golden ornaments. In my view, in facts of this case, custodial interrogation of the petitioner may be necessary. Accordingly, I am not inclined to grant anticipatory bail to the petitioner.
This application is, accordingly, dismissed.
(Anil Kumar Sinha, J) ashwani/- U √ T √