Afzal Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53973 of 2021 Arising Out of PS. Case No.-195 Year-2020 Thana- BARHARIA District- Siwan ====================================================== Afzal Ansari Son of Akhtar Ansari @ Akhatar Miya R/o Village Lakdi Dargah Tole Ajmali, P.S.- Barharia, District- Siwan, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Prashant Kumar, Advocate For the State :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Barharia P.S. Case No.195 of 2020, registered for the offences punishable under Sections 387, 504 and 506 of the Indian Penal Code.

The prosecution case, in brief, is that ransom of Rs.2,00,000/- was demanded from the informant and informant's brother on their mobile phones.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that no call was made by the petitioner from his mobile number 9262680962 to the informant's mobile number 8102150687. It is further submitted that there is no allegation of

Patna High Court CR. MISC. No.53973 of 2021(4) dt.07-11-2022 2/2 putting the informant or his brother under the fear of death or grievous hurt and, as such, no offence under Section 387 of the Indian Penal Code is made out against the petitioner. Learned counsel for the petitioner submits that at best the case is made out under Section 385 of the Indian Penal Code, which is bailable. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner by submitting that from perusal of paragraphs 26, 27 and 27 of the case diary, it is clear that petitioner is also the member of the syndicate who demanded the ransom from the informant.

Taking into consideration the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J.) Sanjay/- U T