Ahsan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73675 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Ahsan Ansari, Male, aged about 19 years, Son of Mohammad Nizamuddin Ansari, Resident of Village - Meura (Meuda), P.S. - Kudra, District - Kaimur (Bhabua).

... ... Petitioner/s

Versus

1. The State of Bihar

2. Pooja Devi, Female, aged about 21 years, Wife of Arvind Kumar Yadav, Resident of Village-Dihi, Ward No. 3, P.S. Khodawandpur, (Chhorahi) District- Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Jubair Ansari, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Khodawandpur (Chhorahi O.P.) P.S. Case No. 153 of 2023 instituted for the offences punishable under Sections 419, 420, 341, 342, 323, 384, 386, 120(B)/34 of the Indian Penal Code.

3. The prosecution story, in short, is that for the last some times, the co-accused/Adarsh Kumar used to call on the mobile of the husband of the informant regarding his engagement in a private company. On the said promise, the husband of the informant left for Patna on 22.05.2023 and on 23.05.2023, a call was received on the mobile of the informant

Patna High Court CR. MISC. No.73675 of 2023(3) dt.17-02-2024 2/3 that if she wants her husband safe, she will have to deposit Rs.6,00,000/- in the A/c No. 50100335885938 and also threatened of dire consequences.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Petitioner is not named accused in the FIR but his name transpired on the basis of confessional statement of co-accused Adarsh Kumar. From perusal of the FIR, case diary, seizure list and the impugned order of the learned Additional District and Sessions Judge, Manjhaul, Begusarai dated 22.09.2023, it appears that on the basis of written report of the informant Puja Devi, wife of victim Arvind Kumar Yadav has registered an FIR against coaccused Adarsh Kumar. Petitioner is not an account holder of the concerned account. Similarly situated co-accused person namely Sujit Kumar has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 76701 of 2023 vide order dated 04.12.2023. Petitioner has got no criminal antecedent as stated in para 3 of the petition. Petitioner is in custody since 25.05.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.73675 of 2023(3) dt.17-02-2024 3/3 and submissions of learned counsel for the parties, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Munjahul, Begusarai in connection with Khodawandpur PS Case No. 153 of 2023. (Ramesh Chand Malviya, J) Anand Kr.

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