Patna High CourtCR. MISC./78394/2023bail granted

Mobin Ansari v. The State Of Bihar

2024-03-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78394 of 2023 Arising Out of PS. Case No.-596 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Mobin Ansari S/O Late Mobarak Ansari R/O Village- Kalibag Ward No. 12, P.S- Bettiah Nagar (KALIBAGH O.P.), Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Bettiah Nagar (Kalibagh O.P.) P.S. Case No. 596 of 2022, lodged on 16.08.2022 under Sections 323, 341, 384, 327, 387, 467, 468, 471, 420, 354(B), 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against twelve named accused persons including the present petitioner against whom there is an allegation that they have created jamabandi in their name by virtue of forged and fabricated documents.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that from the allegation made in the FIR, it is very much clear that the land dispute was going on between the

Patna High Court CR. MISC. No.78394 of 2023(4) dt.19-03-2024 2/2 informant and the petitioner's side. Counsel further submits that the criminal antecedent of the petitioner is not clean and there is only one criminal case pending against him in which he is on bail. The petitioner is in custody since 04.08.2023 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that fraud has been committed by the petitioner not only with the informant but with the criminal justice system also.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Nagar (Kalibagh O.P.) P.S. Case No. 596 of 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T