Petitioner sought anticipatory bail in Jharkhand HC regarding offences of cheating and forgery. Court noted petitioner fled scene of police raid and rejected bail plea.
Prayer for anticipatory bail rejected; petitioner not entitled to bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1525 of 2014
Manoj Kumar Ojha
.… Petitioner
-Versus-
CORAM : HON’BLE MR. JUSTICE H.C.MISHRA
------For the Petitioner : : M/s. Vikash Pandey For the State : : M/s. V.K.Tiwary, A.P.P.
5/ 05.11.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner is apprehending his arrest in connection with Sahibganj (Town) P.S. Case No. 134 of 2013, corresponding to G.R. No. 394 of 2013, for the alleged offence under Sections 406/ 409/ 420/ 467/ 468/ 471/ 120-B/ 34 of the Indian Penal Code.
There is allegation against the petitioner to be engaged in distribution of forged challans, which is said to be for transportation of stone.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and has prayed for anticipatory bail.
Learned counsel for the State has opposed the prayer.
The impugned order clearly shows that the witnesses have stated that upon the raid conducted by the police the petitioner had fled away from the place from where the forged challans were recovered.
In the facts of this case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, is hereby rejected.
(H.C.Mishra, J.)
D.S.
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehended arrest for alleged offences including obtaining by deception and forgery?
Whether the petitioner's apprehension of being an accessory after the fact justified denial of bail given witnesses stated he fled the scene of raid?
Manoj Kumar Ojha
The State of Jharkhand
Sant Gope
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
