Raja Ansari @ Frog Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43811 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- CHENARI District- Rohtas ====================================================== 1.
Raja Ansari @ Frog Ansari, son of Late Aftab Alam @ Aftab Ansari Resident of Village - Banauli, P.S.- Chenari, District - Rohtas. 2.
Sonu Ansari @ Tanvir Alam, son of Late Aftab Alam @ Aftab Ansari Resident of Village - Banauli, P.S.- Chenari, District - Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Pandey For the Opposite Party/s :
Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Petitioners apprehend their arrest in connection with Chenari P.S. Case No.83 of 2019 for the offence punishable under Sections 420, 406 of the Indian Penal Code. The allegation against the petitioners is that the petitioners are brother of Babloo Ansari who took loan of Rs. 22 lakhs from the informant but when the informant demanded his money back, the money taken by Bablu Ansari and petitioner was not refunded.
Learned counsel for the petitioners submits that the allegation against the petitioners is that petitioner went along
Patna High Court CR. MISC. No.43811 of 2019(2) dt.17-07-2019 2/3 with his brother Babloo Ansari at the rice mill of the informant and informant has given Rs. 22 lakhs as a loan to Bablu Ansari, which has not been returned by him. Learned counsel for the petitioners further submits that at best the present case arises out of civil dispute and no offence under Section 420, 406 is made out against these petitioners.
On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that all the three brothers jointly arrived at the rice mill of the informant and a sum of Rs. 22 lakhs was given to Bablu Ansari through his construction company in which petitioners are also involved.
After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the dispute between the parties appears to be of non-payment of loan amount taken by the brother of the petitioners, as such, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, both the petitioners, named above, are directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with
Patna High Court CR. MISC. No.43811 of 2019(2) dt.17-07-2019 3/3 two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV-cum-S.J.-XII, Sasaram, Rohtas, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T