Bilas Modi sought bail apprehending arrest in an FIR involving money laundering and cheating. The Supreme Court held that he should be granted temporary bail if he surrenders within six weeks, distinguishing him from co-accused already on bail.
Bail allowed on the condition that the petitioner surrenders within a period of six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6870 of 2012
====================================================== Bilas Modi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 02-08-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in Jamui P.S. Case No. 334 of 2011 registered for the offences punishable under Sections 414, 419, 420, 406 and 120B/34 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Jamui.
It is alleged by the S.H.O., Jamui that the some people of village Dighi and Mangrar were engaged in collecting money from Pakistan and got deposited in their accounts and then on the same day, they used to withdraw that amount keeping 20% of amount as commission and handed over the remaining amount to a particular person in the name of recharge of Dish T.V. when that person used to send money to particular foreign country illegally and for this they are using mobile numbers of Pakistan and thereby several persons are misusing the bank accounts and ATM card of illiterate villagers after paying them a fixed amount and when the raid was conducted, from six FIR named persons, several mobiles,
Patna High Court Cr.Misc. No.6870 of 2012 (3) dt.02-08-2012
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several mobile numbers of Pakistan, cash, ATM and VISA card of different bank were recovered.
It is submitted by learned counsel for the petitioner that the petitioner was not named in the FIR, the name of the petitioner sprang up on the confession of apprehended co-accused when during investigation, there is nothing specific transpired against the petitioner and a statement has been made in para 7 of the petition that the petitioner has no criminal antecedent.
It appears that apprehend accused Dhirendra Kumar Sah and Ashok Singh have been granted regular bail by this Court vide Cr. Misc. Nos. 4702 of 2012 and 4677 of 2012.
I see no reason for the learned court below not to give the same privilege to the petitioner if the petitioner surrenders within a period of six weeks.
With the above observation, this application is, accordingly disposed off.
Let the order be transmitted to the learned court below through fax at the cost of the petitioner.
(Dinesh Kumar Singh, J)
Amrendra/-
3 issues framed by the court
Whether the petitioner, who was not initially named in the FIR but sprang up during investigation as a result of co-accused confessions and has no criminal antecedent, is entitled to temporary bail pe
Whether a period of six weeks is sufficient for the petitioner to surrender for the grant of bail?
May the petitioner be given the same privilege as co-accused who have already been granted regular bail?
1 provisions across 1 enactments
Bilas Modi
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
