Irfan Ansari @ Khan Bhai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70870 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- SALAIYA District- Aurangabad ====================================================== 1.

Irfan Ansari @ Khan Bhai S/o Late Israil Ansari @ Md. Israil R/o VillageKhiriyawan, P.S.- Madanpur, District- Aurangabad 2.

Joginder Das @ Yogendra Das @ Yogi Das S/o Ram Keshwar Das R/o Village- Beri Bhuteli, P.S.- Salaiya, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Adv For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2024 Heard the parties.

2.

The petitioners apprehends their arrest in connection with Salaiya P.S. Case No.104 of 2023, registered for the offence punishable under Sections 363, 34 of the Indian Penal Code. 3.

As per the FIR, the petitioners along with one other person gave Rs.2500/- to the co-accused Dinesh Kumar @ Chedi and others to kidnap the minor son of the informant. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioners. They have

Patna High Court CR. MISC. No.70870 of 2024(2) dt.22-10-2024 2/2 been made accused on the basis of statement of apprehended coaccused. Petitioner no.1 has one criminal antecedent and petitioner no.2 has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioners are also involved in the present case.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

8.

However, if the petitioners surrender before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

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