Md. Ayub Ansari @ Ayuib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37632 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- JOGBANI District- Araria ====================================================== MD. AYUB ANSARI @ AYUIB Son of Late Halim Ansari Resident of village - Haziganj, South Maheshwari, ward no. 19, P.S. - Jogbani, Distt .- Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-07-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Jogbani PS case no. 34 of 2023, registered for the offences punishable under Section 354(B) and other allied sections of the Indian Penal Code.

3.

The allegation is regarding the petitioner having arrived at the house of the informant and told him that he requires money for purchase of coal and for that purpose, he is ready to sell his land in question, whereupon an agreement dated 12.09.2019 was entered into in between the petitioner and the informant and her husband and a sum of Rs. 1 lac was given to the petitioner with a stipulation that in case, he did not return the

Patna High Court CR. MISC. No.37632 of 2023(2) dt.21-07-2023 2/3 same within a period of 11 months, the land would be transferred in the name of the informant and her husband, however, neither the land was transferred nor the aforesaid amount of Rs. 1 lac was returned.

4.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that at best, the dispute in question can be said to be a dispute of civil nature, hence, if the informant so desires, she may approach the competent civil court having appropriate jurisdiction for redressal of her grievance and enforcement of the agreement in question, however, no criminal offence is made out. 5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the dispute in question is prima facie in the nature of civil dispute, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Patna High Court CR. MISC. No.37632 of 2023(2) dt.21-07-2023 3/3 7.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M.-V, Araria in connection with Jogbani PS case no. 34 of 2023, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T