The Court heard a petition for anticipatory bail regarding offences under Sections 420 and 406 IPC and Section 138 NI Act. Rejecting the prayer despite the partner defense, the Court denied bail but allowed future consideration of regular bail upon surrender.
The prayer for anticipatory bail is rejected. Regular bail to be considered on surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15299 of 2012
====================================================== 1. Birendra Singh S/O Late Karamdeo Singh Resident Of Bypass Chawk, Ward No.-12 (Behind Mahesh Academy), P.S. + District- Aurangabad (Bihar), At Present Proprietor Of M/S Tirupati Construction, Moto Nagar, Ramgarh, Street No.- Wz-23, New Delhi .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== With Criminal Miscellaneous No.14513 of 2012 ====================================================== 1. Birendra Singh S/O Late Karamdeo Singh Resident Of Village- Bypass Chawk, Ward No.-12 (Behind Mahesh Academy), P.S. + DistrictAurangabad (Bihar) At Present Proprietor Of M/S Tirupati Construction Moyo Nagar Ramgarh, Streat No.-Wz-23, New Delhi.... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
10 22-04-2013 Heard the learned counsel for the petitioner and the State. This is a petition for grant of anticipatory bail for offence under Sections 420 and 406 of the Penal Code.
The learned counsel for the petitioner submits that there was partnership between the petitioner and the informant, as per the allegation, hence, there is no question of any fraud as the amount has been given. However, offence under Section 138 of the Negotiable Instrument Act is bailable.
Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner.
The prayer for anticipatory bail is rejected .
If the petitioner surrenders and pray for regular bail, it will be considered on it’s own merit without being prejudiced of this order.
(Gopal Prasad, J)
SA/-
1 issue framed by the court
Whether a petition for grant of anticipatory bail for offences under Sections 420 and 406 IPC should be allowed given the partnership allegation.
2 provisions across 2 enactments
Birendra Singh S/O Late Karamdeo Singh
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
