Md Anwarul Haque @ Anwarul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53063 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Md Anwarul Haque @ Anwarul Haque S/O Amirul Hassan R/O VillageSujawalpur, Ps. Sakra, Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mazharul Hassan For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 22/23(i) of PC and PNDT Act.

3. Allegation against the petitioner is that a portable Ultrasound machine was found in petitioner's medical shop which runs in the name of Aman Medical Hall. The petitioner did not produce any valid information regarding operation of Ultrasound machine.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that seized Ultrasound machine does not belong to the petitioner rather the fact that the machine belongs to one Rinku Kumar who has purchased the same during the

Patna High Court CR. MISC. No.53063 of 2023(2) dt.31-08-2023 2/2 lock-down period. But as the licence of the machine was not obtained hence the machine was kept in the medicine shop of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Sakra P.S. Case No. 247 of 2023.

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

(Anjani Kumar Sharan, J) devendra/- U T