Patna High Court
KIFAYAT ANSARI @ MD. KIFAYAT HUSSAINversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120(B), 323, 420, 504
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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