Hafiz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34779 of 2023 Arising Out of PS. Case No.-906 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== HAFIZ ANSARI, Son of Late Nazir Ansari, Resident of Village - Naua, P.S.- Dinara, District - Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ajijul Haque Ansari @ Ajijul Ansari, Son of Late Nesar Ansari, Resident of village - Naua, P.O.- Dedhaya, P.S.- Dinara, District - Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Ajay Kumar Tiwari, Advocate For the State :

Mr.Mukesh Kumar Singh, APP For the Informant :

Mr.Md. Fazle Karim, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State of Bihar, as well as learned counsel for the informant.

2.

The petitioner is apprehending his arrest in connection with Complaint Case No. 906 of 2021 alleging offence under Sections 406 and 420 of Indian Penal Code. 3.

The complaint has been lodged based on allegations which are founded on some alleged transactions with respect to certain lands in the year 1994. The complaint petition has been filed in the year 2021.

4.

Drawing attention of the court towards the allegations as also the fact that one title suit bearing Title Suit

Patna High Court CR. MISC. No.34779 of 2023(2) dt.21-07-2023 2/3 No. 812 of 2021 is also pending with respect to the same lands, learned counsel for the petitioner submits that the prosecution is attended with mala fide to coerce the petitioner to come to terms with respect to the subject which forms the issue in the civil proceedings. The petitioner has no antecedents. 5.

Learned APP for the State as well as learned counsel for the informant have opposed the prayer for bail. It is submitted that the complainant has been cheated by the petitioner.

6.

Considering the rival submissions, nature of allegations and clean antecedents, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail. 7.

Petitioner's prayer for anticipatory bail is allowed. 8.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Rohtas, in connection with Complaint Case No. 906 of 2021, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

Patna High Court CR. MISC. No.34779 of 2023(2) dt.21-07-2023 3/3 (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T