Amarullah Ansari @ Bhutti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25565 of 2024 Arising Out of PS. Case No.-387 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Amarullah Ansari @ Bhutti son of Mumtaj Ansari R/o- Village- Jaukatia, Police Station- Majhauliya, District-West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Majaulia P.S. Case No. 387 of 2022 dated 29.05.2022 registered for the offence/s punishable u/ss 399, 400, 401, 402, 403, 411, 413, 414, 419, 420, 467, 468, 471, 472, 379, 120B of the Indian Penal Code and sections 66 and 66 (C) of the IT Act.
3. As per the prosecution case, the police, on secret information, intercepted a Scorpio vehicle bearing Reg. No. BR05Q-0077 and also apprehended two persons, namely, Prakash Kumar and Brij Kishore, while two other persons succeeded in fleeing away. On search, several passbooks, cheque books, ATM
Patna High Court CR. MISC. No.25565 of 2024(2) dt.27-06-2024 2/3 cards of different banks, Laptop, Mobile Phones with SIM cards and Aadhar Card were recovered from the said vehicle. It is further alleged that three ATM cards of different banks and one Mobile phone were also recovered from the pocket of the coaccused Brij Kishore Kumar and accordingly, 46 persons have been made accused in this case.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused Prakash Kumar. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 06.02.2023 passed in Cr. Misc. No. 64953 of 2022. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.25565 of 2024(2) dt.27-06-2024 3/3 enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bettiah, West Champaran in connection with Majaulia P.S. Case No. 387 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T