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Patna High CourtCR. MISC./42008/2024bail granted

Ansur @ Anisur Rahman v. The State Of Bihar

2024-07-18Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42008 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- ARARIA District- Araria ====================================================== Ansur @ Anisur Rahman S/O Abu Sahed R/O Village Ghaghadi Bangawan, Tola Khairaganj, P.S. and Distt-Araria ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Mrigendra Kumar, Advocate For the State :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 342, 420, 384, 386 and 34 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons, including this petitioner, and 8 to 10 unknown persons, snatched the motorcycle and on the point of arms, made captive the sister and brother-in-law of the informant. It is further alleged that on information, when the informant and others went at the place of occurrence, they saw sister and brother-in-law of the informant tied and thereafter, co-accused Md. Ajhar, demanded extortion of Rs. 2,00,000/-. It is further alleged that Rs. 6,000/- was paid to co-accused Md. Azhar as a token on his mobile phone.

Patna High Court CR. MISC. No.42008 of 2024(2) dt.18-07-2024 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioner that from bare perusal of the F.I.R. it is apparent that the informant came to know about the incidence on 11.01.2024 whereas the F.I.R. has been lodged after delay of 3 days on 14.01.2024 and there is no cogent explanation for the same. As a matter of fact, this petitioner is a CSP operator and since he has no knowledge of computers, he took services of one Sabanaaz and brother-in-law of the informant in lieu of paying them Rs. 10,000/-. However, both of them misappropriated a sum of Rs. 20,00,000/- from the CSP Centre and when petitioner demanded the money, in order to save their skin, this false and concocted case has been lodged. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.42008 of 2024(2) dt.18-07-2024 3/3 satisfaction of learned Chief Judicial Magistrate, Araia, in connection with Araria P.S. Case No. 39 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T