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Patna High CourtCR. MISC./76522/2024dismissed

Mansoor Ansari v. The State Of Bihar

2024-11-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76522 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- AMDABAD District- Katihar ====================================================== 1.

Mansoor Ansari S/O Late Jahangir Ansari R/O Village- Nima, Purab Tola, Ward No.-5, P.S- Manihari, Distt.- Katihar.

2.

Akbar Ansari @ Akbar Hussain S/O Md. Aamin R/O Village- Amrul Ghat, P.S- Harischandrapur, Distt.- Malda, State- West Bengal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balkrishna Mishra, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

Petitioners are apprehending their arrest in connection with Amdabad P.S. Case No.157 of 2024, registered for the offence punishable u/s 318(4) and 317(5) of Bhartiya Nyay Sanhita.

3.

Allegedly, the petitioners were stopped by the police in course of vehicle checking and on demand of papers, they promised to produce the same in the police station later. On suspicion, motorcycle was brought at the police station and when the petitioners did not come with the papers, an investigation was made and it was found that the said

Patna High Court CR. MISC. No.76522 of 2024(2) dt.19-11-2024 2/2 motorcycle was stolen one. On the said basis, F.I.R. was lodged against the petitioners.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have not committed any offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever taken place. The petitioners were going to visit a relative and therefore, they borrowed the motorcycle in question from their friend and they have no connection with the said motorcycle. The present case has been lodged only due to non fulfillment of illegal demand made by the police. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

7.

This application is accordingly dismissed.

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