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Patna High Court

Md. Hasnain Ansari @ AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Given the petitioner’s clean antecedents, lack of documentary evidence and the civil nature of the dispute, the High Court exercised its inherent powers under Section 482(2) CrPC to grant anticipatory bail.

Summary

The petitioner, Md. Hasnain Ansari, sought anticipatory bail in a complaint case (No.513 of 2023) alleging offences under IPC sections 420, 406, 385, 504, 323 and 120B. The prosecution alleged that the petitioner, in collusion with co‑accused, took Rs 30 lakh from the complainant for a land transaction that was never completed. The petitioner denied any receipt of money, claimed the dispute was purely civil over profit sharing in a real‑estate partnership, and highlighted the absence of documentary evidence and his clean antecedents. Mediation efforts failed, and the State and complainant opposed bail. Considering the general nature of the accusations, lack of material evidence, and the petitioner’s clean record, the Court exercised its inherent powers under Section 482(2) CrPC and granted anticipatory bail with a bail bond of Rs 10,000 and two sureties.

Issues considered

  • Whether anticipatory bail should be granted in a complaint case involving alleged offences under IPC sections 420, 406, 385, 504, 323 and 120B.
  • The nature of the dispute – whether it is civil and therefore not attract criminal liability.
  • Whether the petitioner’s clean antecedents and lack of documentary evidence justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Section 482 CrPC
  • civil dispute
  • mediation
  • clean antecedents
  • complaint case
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86742 of 2025
                   Arising Out of PS. Case No.-513 Year-2023 Thana- COMPLAINT CASE - SHERGHATI
                                                       District- Gaya
                 ======================================================
                 Md. Hasnain Ansari @ Alam Son of Md. Abdul Rajjak Ansari Resident of
                 Village - Tetariya, P.S. - Imamganj, Dist. - Gaya.

                                                                                 ... ... Petitioner/s
                                                         Versus

           1.    The State of Bihar
           2.    Md. Majid Ansari S/o Ismaeel Miyan Resident of Village- Taitariya, Tola -
                 Fulaildih, P.S.- Imamganj, Dist.- Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner        :       Mr. N. K. Agrawal, Sr. Advocate
                                                   Mr. Sanjay Kumar, Advocate
                                                   Mr. Kumar Rajdeep, Advocate
                 For the State             :       Mr. Umeshanand Pandit, APP
                 For the Complainant       :       Mr. Mahendra Thakur, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   28-04-2026                  Heard Mr. N. K. Agrawal, learned senior counsel

                   appearing on behalf of the petitioner, Mr. Umeshanand Pandit,

                   learned APP appearing on behalf of the State and Mr. Mahendra

                   Thakur,       learned       counsel    appearing     on     behalf    of     the

                   complainant/Opposite Party No. 2.

                                2. The petitioner apprehends his arrest in a complaint

                   case registered for the offence punishable under Sections 420,

                   406, 385, 504, 323 and 120B of the Indian Penal Code.

                                3. Earlier, vide order dated 25.02.2026, the matter was

                   referred to Mediation and Conciliation Centre, Patna High

                   Court. From perusal of mediator’s report dated 21.04.2026 it is
Patna High Court CR. MISC. No.86742 of 2025(4) dt.28-04-2026
                                            2/3




          apparent that despite best efforts, the dispute between the parties

          could not be resolved through the process of mediation.

                       4. The prosecution case, in brief, is that this petitioner,

          in collusion with other co-accused persons, took Rs. 30,00,000/-

          from the complainant on the pretext of registering a piece of

          land in his favour and later on, neither executed the sale deed

          nor returned the money.

                       5. It is submitted by learned senior counsel appearing

          on behalf of the petitioner that petitioner is quite innocent and

          has committed no offence. As a matter of fact, this petitioner,

          complainant and other co-accused person are business partners

          and are into business of real estate, however, due to dispute with

          regard to sharing of profits, quarrel took place between the

          parties leading to lodging of the instant case. Petitioner denies

          the allegations and submits that at no point of time, any money

          was paid by the complainant to this petitioner. There is no chit

          of paper on record to substantiate the allegations levelled

          against this petitioner. Moreover, the dispute is purely civil in

          nature and none of the acts allegedly committed by this

          petitioner would give rise to any criminal liability. Petitioner

          claims clean antecedents.

                       6. Learned A.P.P. for the State and learned counsel for
             Patna High Court CR. MISC. No.86742 of 2025(4) dt.28-04-2026
                                                         3/3




                       the complainant/Opposite Party No. 2 have vehemently opposed

                       the prayer for grant of anticipatory bail to the petitioner.

                                    7. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, materials

                       available on record and clean antecedents of the petitioner, the

                       prayer for grant of anticipatory bail to the petitioner is allowed.

                                    8. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Judicial Magistrate First

                       Class, Sherghati at Gaya in connection with Complaint Case No.

                       513 of 2023, subject to condition as laid down under Section

                       482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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