Aftab Ansari @ Md. Aftab Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57005 of 2024 Arising Out of PS. Case No.-182 Year-2016 Thana- DEHRI TOWN District- Rohtas ====================================================== Aftab Ansari @ Md. Aftab Ansari Son of Md. Niyaz Ansari R/o MohallaKhalasi, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajen Sahay, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP.

For the informant : Ms. Shreya, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dehri (T) P.S. Case no. 182 of 2016 instituted for the offence under Sections 406 and 420 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the informant has given Rs. 91,500/- to the petitioner and coaccused, namely, Rahman Ansari in the year 2014 for providing bags but the petitioner had neither provided bags to him nor returned the said amount. Later on, he refused to return the money. Accordingly, the FIR was lodged against the petitioner

Patna High Court CR. MISC. No.57005 of 2024(2) dt.04-09-2024 2/3 and co-accused.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Petitioner has already supplied the bags to the informant but with anterior motive, the FIR has been lodged in the year 2016 for the purpose of recovery of money from the petitioner. There is nothing material against the petitioner. FIR disclosed that the dispute is with respect to contract between the informant and the petitioner and the dispute is of civil in nature. Petitioner was not aware about the pendency of the present case and when the police visited his house, he has apprehension of his arrest. The petitioner has got no criminal antecedent.

5. Learned counsel for the informant and learned APP appearing for the State have opposed the bail petition of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dehri (T) P.S. Case no. 182 of 2016, he will

Patna High Court CR. MISC. No.57005 of 2024(2) dt.04-09-2024 3/3 be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Dehri, Rohtas subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Dutta Mishra, J) sushma/- U T