Md Idrish Ansari @ Md Idrish v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75063 of 2024 Arising Out of PS. Case No.-276 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== Md Idrish Ansari @ Md Idrish Son of Late Mir Hussain Ansari, VillageBarwat Pasrain, Laloo Nagar, P. S- Bettiah Muffasil, District- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Birijesh Kumar S/o- Ramasharaya Prasad R/o- Village- Dhumnagar Chauriya Tola, P.S.- Jagdishpur, Dist.- West Champaran ( Bettiah) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Manaur Alam, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bettiah Muffasil P.S. Case No.276 of 2020 instituted under Sections 467, 468, 471, 327, 384, 506/34 of the I.P.C. and later on Sections 420 and 406 of I.P.C. were added.
3. As per prosecution case, the informant agreed to purchase a piece of land of petitioner at Rs.92 lakhs. After payment of Rs.7 lakhs, an agreement for sale was executed in his favour and later on Rs.5 lakhs in cash was given to the petitioner. After taking money, the petitioner did not execute a
Patna High Court CR. MISC. No.75063 of 2024(3) dt.09-04-2025 2/3 sale deed in favour of the informant and making conspiracy with others, the petitioner sold the same plot to other accused persons.
4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Due to non-payment of remaining amount of sale consideration, after lapse of time period, due to requirement of money for his treatment, the petitioner sold the land in question to another person and he has not committed any offence. It is further submitted that petitioner has returned Rs.12 lakhs to the informant. Both parties have amicably settled their dispute and thereafter a panchnama/compromise has been prepared. Petitioner is an old man aged about 70 years having no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Despite service of notice, no one is present on behalf of informant.
7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail
Patna High Court CR. MISC. No.75063 of 2024(3) dt.09-04-2025 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No.276 of 2020, T.R. No.2967 of 2024 subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Harish/- U T