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Patna High Court

KIFAYAT ANSARI @ MD. KIFAYAT HUSSAINversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioner, Kifayat Ansari, was named in a 2016 complaint alleging offences under IPC sections 420, 323, 504 and 120(B) for allegedly refusing to give possession of land he had purchased. The petitioner claimed he was falsely implicated and that the land dispute was essentially civil, arising from competing claims of ownership. The State opposed the petition for anticipatory bail. The Court examined the prima facie facts and concluded that the petitioner did not appear directly connected to the criminal allegations and that the matter was more of a civil nature. Accordingly, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C.
  • Whether the allegations against the petitioner constitute a criminal offence or a civil land dispute.
  • Whether the provisions of Section 482(2) of the BNSS are applicable to stay the proceedings.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • IPC 420
  • criminal law
  • civil dispute
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69781 of 2023
                 Arising Out of PS. Case No.-506 Year-2016 Thana- PURNIA COMPLAINT CASE District-
                                                         Purnia
                 ======================================================
                 Kifayat Ansari @ Md. Kifayat Hussain Son Of Late Haji Sirajuddin Resident
                 Of Village - Darji Patti, Ward No.10, P.S. - Banmankhi, District - Purnea
                                                                              ... ... Petitioner/s
                                                     Versus
           1.     The State Of Bihar
           2.     Raushan Ara Wife Of Shamim Ejaj Resident Of Village - Darji Patti, Ward
                  No.10, P.S. - Banmankhi, District - Purnea
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ram Prawesh Kumar
                 For the Opposite Party/s :      Mr.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
3   27-01-2026                   Heard the parties.

                                   2. The accused/petitioner is named in the complaint

                   petition and apprehended his arrest in connection with Complaint

                   Case No. 506 of 2016 registered for the offences punishable under

                   Sections 420, 323, 504 and 120(B) of the Indian Penal Code.

                                   3. The allegation against the petitioner is that even

                   after purchasing the land bearing khata no. 171, khesra no. 1291

                   by the complainant, the possession of the land was not given to

                   the complainant by the accused persons.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner has been falsely implicated

                   with the present crime in question out of ulterior and oblique

                   motive. It is also submitted that said land was executed in the

                   favour of the complainant by Mukhtadir Ansari, but later on Mohan
               Patna High Court CR. MISC. No.69781 of 2023(3) dt.27-01-2026
                                                           2/2




                         Sharma and Bhupen Sharma stated that they are land lord of the

                         said land and they acquired said land by way of Bhudan.

                                         5. Learned APP appearing on behalf of the State,

                         opposes the prayer for anticipatory bail.

                                      6. In view of the facts and circumstances and by taking

                         note of the fact as petitioner prima-facie not appears connected

                         with the present case in any manner where dispute appears civil in

                         nature, accordingly petitioner above named, in the event of his

                         arrest or surrender before the learned trial court within a period of

                         four weeks, is directed to be released on bail, furnishing bail bond

                         of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                         the like amount each to the satisfaction of the learned Additional

                         Judicial Magistrate, 1st Class, Purnea/concerned trial court where

                         the case is pending in connection with Complaint Case No. 506 of

                         2016 subject to the conditions as laid down under Section 438(2)

                         of the Cr.P.C./ Section 482(2) of the BNSS.


                                                                   (Chandra Shekhar Jha, J.)
S.Tripathi/-
U       T


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