Md. Anish Ansari @ Md. Anish Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70836 of 2022 Arising Out of PS. Case No.-59 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== MD. ANISH ANSARI @ MD. ANISH ALAM Son of Md. Jamshed Resident of Village - Mushariya, P.S.- Parihar, District - Sitamarhi. At present Resident of Village - Parsa, P.S.- Bela, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Sonbarsa P.S. Case No.59 of 2019 registered for the offences punishable under Sections 395 & 397 of the Indian Penal Code and under Section 3⁄4 of the Explosive Substance Act pending in the Court of learned C.J.M., Sitamarhi.

20 to 25 unknown miscreants are said to have entered into the house of the informant after breaking the main gate and one of the miscreants confined him on the point of pistol and took away house hold articles including the ornaments and cash of Rs.2,50,000/- and other items. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.70836 of 2022(2) dt.28-02-2023 2/2 that no such occurrence as alleged ever took place. He has been falsely implicated in this case on the confessional statement of co-accused Mahesh Paswan. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has two criminal antecedents.

Learned APP for the State vehemently opposing the bail petition submitted that the considering the seriousness of the allegation the petitioner does not deserve anticipatory bail.

Considering the facts and circumstances of case, the nature of the allegation and the criminal antecedent, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order.

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