Allowed

Bijay Kumar Sinha Alias Bijay Kumar Alias Guddu v. the State of Jharkhand

Jharkhand HC12 Sept 2023A.B.A./275/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in a cheating and criminal breach of trust case pending a settlement. Bail was conditioned on deposit of a fine, cooperation with investigation, and appearance before the Investigating Officer.

What did the court decide?

Petitioner granted privilege of anticipatory bail in the event of arrest or surrender within eight weeks, conditioned on deposit of fine and cooperation with investigation.

Bijay Kumar Sinha Alias Bijay Kumar Alias Guddu Vs… — Cheating and Forgery | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 275 of 2023

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Bijay Kumar Sinha @ Bijay Kumar @ Guddu

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… Petitioner Versus The State of Jharkhand & Anr. … Opposite Parties ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Ankit Sinha, Advocate For the State : Mr. R.R. Ravi Das, Addl. P.P. For O.P. No.2 : Mr. P.C. Sinha, Advocate ------

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Order No.10 Dated- 12.09.2023

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Heard the parties.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Argora P.S. Case No.99 of 2021 registered under sections 406/ 420/34 of the Indian Penal Code.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has cheated and committed criminal breach of trust by taking money for purchasing the land but not returning the same. It is jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that the matter was referred to JHALSA and the matter has been settled between the parties and in view of the settlement between the parties, the informant has no objection to the prayer for grant of anticipatory bail. It is further submitted that the allegations against the petitioner are all false and the dispute between the parties is basically a civil dispute. It is then submitted that the petitioner undertakes in writing to pay Rs. 81,000/- to the informant without prejudice to his defence in this case and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of eight weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs. 81,000/- drawn in favour of informant without prejudice to his defence in this case and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ranchi, in connection with Argora P.S. Case No.99 of 2021 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the aforesaid demand draft, the court below is directed to issue notice to the informant and hand over the said demand draft to him, after proper identification.

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Sonu/Gunjan-

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(Anil Kumar Choudhary, J . )

Bijay Kumar Sinha Alias Bijay Kumar Alias Guddu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bijay Kumar Sinha Alias Bijay Kumar Alias Guddu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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