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Patna High CourtCR. MISC./5531/2023allowed

Kafil Ansari @ Khafil Ansari v. The State Of Bihar

2023-06-20Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5531 of 2023 Arising Out of PS. Case No.-89 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== KAFIL ANSARI @ KHAFIL ANSARI Son of Israil Ansari Resident of Village - Mustafapur Purani, P.S.- Jagdispur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 353, 379, 504, 34 of the Indian Penal Code. The prosecution case, in brief, is that due to nonpayment of loan, which has been taken by the petitioner from UCO Bank, the account of the petitioner was declared NPA and for which legal notice was also issued. On 12.03.2022 for National Lok Adalat, the Bank Manager UCO Bank went to serve notice upon the petitioner along with other police officials, and when they reached the house of the petitioner, the petitioner and his two sons

Patna High Court CR. MISC. No.5531 of 2023(3) dt.20-06-2023 2/3 started abusing and assaulted them.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the alleged loan amount has already been deposited by the petitioner, which is also mentioned in Annexure-2 of this bail application. Similarly situated coaccused has been enlarged on bail by a co-ordinate bench of this court vide order dated 13.12.2022 passed in Cr. Misc. No. 52381 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.5531 of 2023(3) dt.20-06-2023 3/3 the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jagdishpur P.S. Case No. 89 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T