The single-judge bench granted anticipatory bail to the petitioner apprehending arrest. The order considers the delay between the alleged offence in 2004 and the FIR in 2013 as a factor for relief.
Grant of anticipatory bail subject to a bond of Rs. 10,000 with two sureties, release upon surrender.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1896 of 2014
Shyamdeo Prasad Singh ...… Petitioner Versus The State of Jharkhand ...… Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr.Binod Kr.Jha, Advocate For the State : A.P.P. ------
2/01.12.2014 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Telaiya P.S Case No.301 of 2013 corresponding to G.R Case No.1533 of 2013, for the offence under Sections 406, 420, 467, 468, 120-B of the Indian Penal Code.
Though it is alleged that the petitioner had taken money from the informant and forged appointment letters were given, but it appears from the FIR that the offence was committed in the year 2004 itself and the FIR has been lodged in the year 2013.
In the facts of this case, I am inclined to grant anticipatory bail to the petitioner, Shyamdeo Prasad Singh. Accordingly, it is directed that in the event of surrender / arrest, the petitioner, named above, shall be released 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 Civil Judge, Junior Division-I, Koderma, in connection with Telaiya P.S Case No.301 of 2013 corresponding to G.R Case No.1533 of 2013 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
BS/
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in connection with offences under Sections 406, 420, 467, 468, and 120-B of the Indian Penal Code.
Whether the delay in lodging the FIR warrants the grant of anticipatory bail.
1 provisions across 1 enactments
Shyamdeo Prasad Singh
The State of Jharkhand
H. C. MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
