Gyassudin Ansari @ Gyashuddin Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61899 of 2017 Arising Out of PS. Case No.-78 Year-2016 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Gyassudin Ansari @ Gyashuddin Ansari, Son of Late Ali Hussain Ansari, Resident of Village- Bheria, P.S.- Dehri, District- Rohtas. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Ranendra Nilabh, Son of Birendra Kumar Singh, Resident of Village- Tandva, P.S.- Darihat, District- Rohtas.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kumar Mishra For the Opposite Party/s :
Mr. SRI NAND KISHORE PD ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks Anticipatory bail in connection with Complaint Case No. 78 of 2016 registered under Sections 406 of the Indian Penal Code.
The complainant in his complaint petition has stated that he had interaction with Gyassudin Ansari (petitioner) in the year 2009. Petitioner has a business of coal and complainant had earlier also purchased the coal from the petitioner. In the month of August, 2014 the petitioner demanded Rs. 15 lacs from the complainant with an assurance that he will return the same within two months. On 19.10.2014 the complainant along with
Patna High Court Cr.Misc. No.61899 of 2017(3) dt.17-02-2018 2/3 his witnesses arrived at the house of accused and gave Rs. 15 lacs to him and made an agreement on the stamp of Rs. 500/- and a photocopy of the same has also been given to the petitioner. After two months the complainant made demand of the aforesaid money but the accused did not return his money. On 19.11.2015 the complainant had given a legal notice to the petitioner and made pressure to return his money on which some altercation took place. It has been further stated that petitioner along with unknown miscreants followed the complainant' vehicle and asked him to get down from the vehicle and made pressure to put his signature on the blank paper on which revenue stamp was affixed but the complainant refused to put his signature without receiving the aforesaid money on which the complainant was forced to put his signature on threat of country made pistol.
Learned counsel for the petitioner submitted that petitioner is quite innocent and he has been falsely implicated in this case and it is case of civil nature. It has been further submitted that from perusal of the complaint petition in para No. 2 shows that they knew each other from before and
Patna High Court Cr.Misc. No.61899 of 2017(3) dt.17-02-2018 3/3 petitioner has no criminal antecedent.
Considering the facts and circumstances of the case, prayer of Anticipatory bail of the petitioner is allowed and petitioner named above in the event of arrest of surrender before the court below within four weeks from today, the petitioner is directed to be released 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 Sub-Judge-X-cumAdditional Chief Judicial Magistrate, Sasaram, Rohtas, in connection with Complaint Case No. 78 of 2016. (S. Kumar, J) veena/- U T