Md. Manauwar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36157 of 2022 Arising Out of PS. Case No.-201 Year-2020 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Md. Manauwar Ansari S/o Md. Rahuf Ansari @ Md. Raaf Ansari Resident of Navratnpur, P.S.- Amdabad, District- katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and the informant alleges that his motorcycle was stolen by unknown thieves.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that petitioner was in custody in connection with Amdabad P.S. Case No. 205 of 2020 in which it was alleged that a motorcycle was recovered from his possession which was

Patna High Court CR. MISC. No.36157 of 2022(2) dt.29-11-2022 2/3 stolen, it is further submitted that the said alleged recovered stolen motorcycle was the motorcycle which was stolen in the present case, learned counsel thus submits that if what has been alleged is true and the motorcycle was recovered from possession of the petitioner while he was in custody in connection with Amdabad P.S. Case No. 205 of 2020 then why the petitioner was not remanded in the present case by the police while he was in custody, this amply demonstrates that since the petitioner had an antecedent as such he has been again implicated in the present case showing that the alleged motorcycle was recovered from his possession. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Muffasil P.S. Case No. 201 of 2020 subject to the conditions as laid down

Patna High Court CR. MISC. No.36157 of 2022(2) dt.29-11-2022 3/3 under Section 438 (2) of the Cr.P.C. with a further condition that one of the bailors of the petitioner shall be his father Md. Rahuf Ansari @ Md. Raaf Ansari.

(Satyavrat Verma, J) Rishi/- U T