Asgar Ali @ Asgar Ali Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51607 of 2023 Arising Out of PS. Case No.-101 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== Asgar Ali @ Asgar Ali Ansari Son Of Late Ash Mohammad R/O-Salapatganj Takkar More, P.S.-BHAGWAN Bazar, Distt.-SARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 120(B), 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other accused persons tried to dispossess the informant from his own land and for that they threatened him with dire consequences during which the petitioner demanded Rs. Ten lacs to settle the dispute.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.51607 of 2023(2) dt.30-08-2023 2/3 it is the informant who used to put new demands before Munna Singh on the pretext that the land in question was sold by his father on very low price which was a big mistake and the petitioner should pay more for the same. He further submits that it is a civil nature dispute between the parties. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chapra Town P.S. Case No. 101 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C., which are as follows:- (i) The petitioner shall cooperate with the investigation and make himself available for interrogation, whenever required.

Patna High Court CR. MISC. No.51607 of 2023(2) dt.30-08-2023 3/3 (ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer, (iii) The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv) The petitioner shall maintain law and order; (v) The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; (vi) The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

(vii) The petitioner shall regularly remain present during the trial and cooperate with the Court to complete the trial for the above offences.

(Anjani Kumar Sharan, J) anand/- U T