Patna High Court
Naseem Ansari @ Nasim AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4)
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
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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
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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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