Alamgir Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37747 of 2025 Arising Out of PS. Case No.-248 Year-2024 Thana- PUPRI District- Sitamarhi ====================================================== Alamgir Ansari Son of Ramjani Ansari R/O Vill- Aabidpur Bajpatti Got, P.S.- Bajpatti, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Kumar Sahay, Adv.
Mr. Md. Akram Naiyer, Adv.
For the State :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 34 of the Indian Penal Code.
3. The allegation in the FIR is that the uncle of the informant got a forged sale deed prepared in the name of the dead father of the informant and the said impersonation was done by the father-in-law of the uncle of the informant. The petitioner is said to be the witness of the sale deed.
4. Learned counsel for the petitioner submits that it would be apparent from the perusal of the FIR itself that the sale deed in question was executed by co-accused Shiv Shankar
Patna High Court CR. MISC. No.37747 of 2025(2) dt.20-06-2025 2/3 Chaudhary and the allegation of impersonation is also on one Rambriksh Chaudhary. The petitioner, who is a simple villager, was asked to become a witness to the said sale deed and he was not aware of the real state of affairs. It is further submitted that there is inordinate and abnormal delay of three months in lodging the FIR without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. It is next submitted that the case is primarily of civil nature and other alternative civil remedies are also available to the informant. It is also pointed out that one of the similarly situated co-accused, who is also a witness to the sale deed in question, has been granted the privilege of anticipatory bail vide order dated 01.05.2025 passed in Cr. Misc. No. 9020 of 2025 which is Annexure-P/2 to the petition and the petitioner has no criminal antecedent as mentioned in para 3 of the bail application.
5. Learned APP for the State, however, opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and particularly that the present case is primarily of civil nature, I am inclined to grant the privilege of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be
Patna High Court CR. MISC. No.37747 of 2025(2) dt.20-06-2025 3/3 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 lower Court where the case is pending/successor Court in connection with Pupri P.S. Case No. 248 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. (Soni Shrivastava, J) divyanshi/- U T