Allowed

Md. Nesar Ansari @ Nisar Ansari @ Nishar Alam v. The State of Bihar

Patna HC10 Apr 2019CR. MISC./22750/2019

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to Md. Nesar Ansari, accused of false implication in a bribery and cheating case, subject to surety conditions and presence in court, distinguishing his role from that of an official verifying certificates.

What did the court decide?

Petitioner released on bail before court below within six weeks on furnishing bond of Rs.10,000 with two sureties of like amount and complying with conditions regarding presence and cooperation.

Md. Nesar Ansari @ Nisar Ansari @ Nishar Alam Vs The… — Cheating and Forgery | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22750 of 2019

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Arising Out of PS. Case No.-185 Year-2018 Thana- MAHKAR District- Gaya ====================================================== Md. Nesar Ansari @ Nisar Ansari @ Nishar Alam, aged about 52 years, male, S/o Md. Jebabar Resident of Village - Hathiawan, P.S.- Mahakar, District - Gaya.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Vinod Kumar, Advocate. For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 10-04-2019

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner apprehends his arrest for the offences alleged under Sections 420, 467, 468, 471, 196, 197, 198, 199, 201, 120b of the Indian Penal Code registered in connection with Mahakar P.S. Case No. 185 of 2018.

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It is submitted that the petitioner has been falsely implicated, and as Mukhiya of the Gram Panchayat, he merely happened to be one of the members of the Sukh-Suvidha Committee for making the panel for appointment to the post of Panchayat Teachers in terms of Rule 9(vii)(Kh) of the Bihar Panchayat Primary Teacher (Employment & Service Conditions) Rules, 2006 and he had no role to play in the matter of verification of the certificates which falls within the domain of

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Patna High Court CR. MISC. No.22750 of 2019(2) dt.10-04-2019 2/3

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the Sukh-Suvidha Committee. Similarly situated co-accused Shailendra Kumar @ Shailendra Singh, who is the Panchayat Secretary has been granted anticipatory bail by this Court in Cr. Misc. No. 79971 of 2018. The petitioner claims clean antecedents.

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Learned APP appears and has been heard.

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Be that as it may, in the event of the petitioner’s arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Mahakar P.S. Case No. 185 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions -

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(i) That one of the bailors shall be a close relative of

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the petitioner.

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(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

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(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of

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Patna High Court CR. MISC. No.22750 of 2019(2) dt.10-04-2019 3/3

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failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

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(Vikash Jain, J)

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Ibrar//-

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U T

Md. Nesar Ansari @ Nisar Ansari @ Nishar Alam v. The State of Bihar

Case brief

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Md. Nesar Ansari @ Nisar Ansari @ Nishar Alam v. The State of Bihar

Case brief

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