Samtaraj Ansari @ Samtabrej Ansari @ Sam Tabrej Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55849 of 2024 Arising Out of PS. Case No.-2630 Year-2022 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Samtaraj Ansari @ Samtabrej Ansari @ Sam Tabrej Ansari son of Late Gudar Mian Village- Yadopur, Dukhharan Ps- Yadopur Dist- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sharafuddin Ansari @ Salaudin Ansari son of Late Sadik Ansari Village- PoYadopur Dukharan Ps- Yadopur Dist- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Adesh Raj Singh, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 406, 506 of the Indian Penal Code.

3. As per prosecution case, this petitioner, in connivance with other accused persons, received compensation amount of Rs. 12,50,000/- (twelve lacs fifty thousand) of the land of complainant.

4. Learned counsel for the petitioner submits that both parties are pattidars and there is admitted land dispute between the parties for which Title Suit No. 115 of 2024 is pending before the Civil Court, Gopalganj. However, at this stage

Patna High Court CR. MISC. No.55849 of 2024(4) dt.01-10-2024 2/3 without admitting his guilt, petitioner is ready to deposit the alleged amount in easy installments. Petitioner claims clean antecedent.

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Gopalganj in connection with Complaint Case No. 2630 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall deposit Rs. 5,00,000/- (Rs. Five Lac) through Bank Draft in the Nazarat of the court below and produce its receipt at the time of furnishing bail-bond and thereafter, rest amount i.e.

, 7,50,000/- (Rs. Seven Lacs Fifty Thousand) shall be deposited in four equal installments i.e. Rs. 1,87,500/- (Rs.

Patna High Court CR. MISC. No.55849 of 2024(4) dt.01-10-2024 3/3 learned court below shall be at liberty to cancel the bail-bond.

6. It is made clear that without going into the merit of the case, this order has been passed only for the purpose of bail and payment of aforesaid amount shall be subject to the final outcome of the case.

(Prabhat Kumar Singh, J) Navya/- U T