Md. Faijul Rahman Ansari @ Faizul Rahman Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15229 of 2016 Arising Out of PS.Case No. -44 Year- 2014 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Md. Faijul Rahman Ansari @ Faizul Rahman Ansari son of Harif Mian resident of Purendra (Dakhari Tola), Police Station Palwana (Bhelahi), District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Khatim Reza For the Opposite Party/s : Mr. Pradeep Nr. Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-04-2016 Heard both sides.
The petitioner apprehends his arrest in a case under Section 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code. The allegation against the petitioner and two others is that they asked the informant to deposit money for obtaining passport and sending him and others to foreign country. The informant and others deposited Rs. 8,95,000/- in the accounts given by the petitioner.
It is submitted that the case has been compromised and entire money has been returned but it appears that anticipatory bail petition of similarly situated accused, Ash Mohamammd, has already been rejected vide order passed in Cr. Misc. No. 6325 of
Patna High Court Cr.Misc. No.15229 of 2016 (2) dt.22-04-2016 2/2 2015 and co-accused Mansoor Ansari has been granted regular bail. It was the petitioner who persuaded the informant and others to deposit the money in the account given by him. Hence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
If the petitioner surrenders in the court below (learned CJM, East Champaran at Motihari in Palanwa P.S. case No. 44 of 2014) and prays for regular bail, the court below shall consider the prayer for regular bail of the petitioner taking into account that two other similarly situated accused have already been granted regular bail.
(Prabhat Kumar Jha, J) BKS/- U T