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Patna High Court

Naseem Ansari @ Nasim AnsariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Naseem Ansari, sought bail in a case registered under Sections 318(4) and 316(2) of the Bharatiya Nyaya Sanhita, alleging that he was falsely implicated in a loan‑fraud scheme where the informant claimed to have been defrauded of Rs.6,69,000 in cash and Rs.9,18,000 by bank transfer. The petitioner contended that he never received any money, that the FIR lacked specific details of the alleged transaction, and that the primary accusation was against co‑accused Bhola Ram, who had already been granted bail. He also disclosed a prior criminal case for which he was on bail but assured cooperation with the investigation and asserted no risk of absconding or evidence tampering. The State opposed the bail application. After considering the submissions and the nature of the dispute, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Sections 318(4) and 316(2) of the Bharatiya Nyaya Sanhita.
  • Whether there is a likelihood of the petitioner absconding or tampering with evidence.

Legislation cited

Subjects

  • bail
  • cheating
  • false pretense
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 318
  • Section 316
  • Section 482
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20208 of 2026
                     Arising Out of PS. Case No.-184 Year-2024 Thana- VIJAYEPUR District- Gopalganj
                 ======================================================
                 Naseem Ansari @ Nasim Ansari Son of Rajmuhammad Ansari Resident of
                 village - Hubauliya, P.S.- Bhore, District - Gopalganj

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.     Umashankar Prasad S/O- Ramsurat, R/O- vill- Gajipur, P.S.- Tamkuhi Raj,
                  Dist- Kushinagar (U.P)
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Ms. Tooba Hera, Advocate
                                                   Mr. Pratyush, Advocate
                 For the Opposite Party/s :        Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   08-07-2026                             Heard learned counsel for the petitioner and

                   learned A.P.P. for the State. Despite valid service of notice, no

                   one appeared on behalf of O.P. No. 2.

                                        2. The petitioner apprehends his arrest in a case

                   registered under Sections 318(4) and 316(2) of the Bharatiya

                   Nyaya Sanhita.

                                    3. As per the F.I.R., it is alleged that the accused

                   persons, including the petitioner, on the false pretext that they

                   provided loans at low interest rates, took Rs.6,69,000/- cash and

                   Rs.9,18,000/- through bank transfer from the informant. When

                   informant demanded his money, the accused persons gave

                   Rs.1,75,000/- only. It is also alleged that when informant

                   demanded his rest amount, the accused persons threatened him
Patna High Court CR. MISC. No.20208 of 2026(3) dt.08-07-2026
                                            2/3




          with dire consequences.

                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and has falsely

          been implicated in the present case due to oblique motive.

          Further submission is that petitioner has not taken any amount

          from the informant. The dispute is with regard to monetary

          transaction and there is no specific date, time or place stated in

          the FIR with respect to when the alleged transaction has taken

          place. The primary allegation is against co-accused Bhola Ram,

          who has been granted regular bail by the learned Trial Court.

          Learned counsel further submits that petitioner has got one

          criminal antecedent in which he is on bail. Petitioner undertakes

          to cooperate in the investigation and trial. There is no chance of

          absconding of the petitioner or tampering with the evidence.

                        5. Learned A.P.P. for the State opposed the prayer for

          bail.

                        6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties and

          nature of dispute, let the above named petitioner be released on

          bail, in the event of arrest or surrender before the learned court

          below within a period of six weeks from today, on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
            Patna High Court CR. MISC. No.20208 of 2026(3) dt.08-07-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Gopalganj in connection with

                      Vijayepur P.S. Case No. 184 of 2024, subject to the conditions

                      as laid down under Section 482(2) of the Bharatiya Nagarik

                      Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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