Patna High Court
IBRAHIM ANSARI @ MD. IBRAHIM ANSARIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 482 of the BNSS.
Summary
Ibrahim Ansari applied for anticipatory bail fearing arrest in a fraud case involving the sale of a katha of land. The prosecution alleged that the petitioner, along with others, induced the complainant to pay Rs 25,50,000 for land that was misrepresented and that the petitioner aided the fraud. The petitioner contended he was merely a witness to the sale agreement, had no financial benefit, and the dispute was civil in nature, also asserting a clean criminal record. The State opposed bail, arguing the seriousness of the offences listed under the Bharatiya Nagrik Suraksha Sanhita. After hearing both sides, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482 of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482 of the BNSS despite the serious nature of the alleged offences
- Whether the petitioner’s role is that of a co‑accused or merely a witness to the land transaction
- Whether the allegations constitute a cognizable offence warranting denial of bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 115, 308, 316, 318, 336, 338, 340, 482, 62
Subjects
- anticipatory bail
- fraud
- land transaction
- criminal procedure
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6191 of 2026
Arising Out of PS. Case No.-246 Year-2025 Thana- Kalibagh District- West Champaran
======================================================
IBRAHIM ANSARI @ MD. IBRAHIM ANSARI Son of Late Suleman
Ansari Resident of Village - Chawani, Chapatiya Road, Ward No.- 27, Police
Station - Manuapul, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State .
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in a case
instituted for the offence punishable under Sections 115(2),
308(5), 316(2), 318(3), 318(4), 338, 336(3), 340(2) and 62 of
B.N.S.
3 The prosecution case, in brief, is that the informant,
Pankaj Kumar Motani, filed Complaint Case No.1183C of 2025
alleging that from 21.07.2022 onwards, Kiran Devi, Ajay
Kumar @ Kaju Sah along with co-accused persons including
this petitioner induced him to purchase one katha of land
belonging to Brahmdeo Yadav. Since he could not afford the
Patna High Court CR. MISC. No.6191 of 2026(3) dt.04-02-2026
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entire land, Kiran Devi introduced Ajay Kumar @ Kaju Sah to
purchase half of it jointly. Relying on their representations, the
informant paid a total amount of ₹25,50,000/- at different times.
Later, on verification, he came to know that he had been
deceived, as the land shown was neither valuable nor as assured.
It is further alleged that the other this petitioner along with other
accused persons supported Kiran Devi and Ajay Kumar @ Kaju
Sah in committing the fraud.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has
committed no offence . Petitioner is simply witness to the
agreement to sale . The land in question does not belong to the
petitioner, nor did he ever negotiate with the informant in this
regard, which is evident from the FIR. It is further submitted
that the petitioner has neither received any amount from the
informant nor derived any benefit, and the dispute, at best, is of
civil nature . Petitioner claims clean antecedent.
5 . Learned A.P.P. for the State has vehemently
opposed the prayer of bail.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above , this
Court is inclined to enlarge the petitioner on bail. The petitioner
Patna High Court CR. MISC. No.6191 of 2026(3) dt.04-02-2026
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is directed to surrender in the Court below within a period of
eight weeks from the date of receipt/production of this order and
in the event of his arrest or surrender in connection with
Kalibagh P.S. Case no. 246 of 2025, they will be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate , Bettiah, West
Champaran subject to the conditions as laid down under section
482 of Bharatiya Nagrik Suraksha Sanhita (BNSS.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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