Nabab Ansari @ Ismail Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68200 of 2022 Arising Out of PS. Case No.-400 Year-2021 Thana- KAUWAKOL District- Nawada ====================================================== NABAB ANSARI @ ISMAIL MIYAN Son of Late Khalil Mian Resident of Village- Bardiha, P.S.- Pakribarawan, District- Nawadah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar For the Opposite Party/s :
Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 379, 401 and 34 of the Indian Penal Code pending in the learned court below.
Allegation against the petitioner is that he along with other co-accused person has tried to steal diesel engine. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is made accused on the basis of the confessional statement of the co-accused. He submits that there is no incriminating article has been recovered from the conscious possession of the petitioner. He further
Patna High Court CR. MISC. No.68200 of 2022(4) dt.27-03-2023 2/2 submits that petitioner has got two criminal antecedent as stated in para-3 of the bail application.
Per contra, learned APP for the State vehemently opposing the bail application and submitted that the name of the petitioner was transpired on the confessional statement of the co-accused. Hence, he does not deserve anticipatory bail. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Kauwakole P.S. Case No. 400 of 2021. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T