Disposed

Rupesh Kumar Singh @ Rupesh Prasad Singh and Anr. v. The State Of Bihar

Patna HC1 Aug 2013CR. MISC./22178/2013

Case brief

AI extract

What is this about?

The Patna High Court granted antecedent bail to petitioners accused of cheating in a cooperative society case. They must surrender within four weeks and furnish a bond with sureties upon arrest or voluntary surrender.

What did the court decide?

The petitioners to be enlarged on bail subject to surrender within four weeks and furnishing securities of Rs. 10,000/- each with two sureties.

Rupesh Kumar Singh @ Rupesh Prasad Singh and Anr. Vs The State… — Bail and Remand | Patna HC (2013)

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Patna High Court Cr.Misc. No.22178 of 2013 (2) dt.01-08-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22178 of 2013

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====================================================== 1. Rupesh Kumar Singh @ Rupesh Prasad Singh Son of Govind Prasad Singh @ Govind Singh Resident of Mohalla - Gandhi Path, Ward No. 8, Near Satsang Mandir, P.S. + District - Saharsa 2. A.K. Viskarma @ Arvind Viskarma @ Arbind Kr. Viskarma Son Of Late Harinandan Sharma Resident Of Village + P.S. - Banmankhi, District - Purnea , Board Of Director, The Central Bank Employees Saving And Credit Swablambi Sahkari Samiti Ltd., Supaul Branch, Saharsa, P.S. + District - Saharsa

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.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER

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2 01-08-2013 Heard learned counsel for the petitioners and learned A.P.P for the State. The petitioners apprehend arrest in connection with Saharsa P.S. Case No. 53 of 2010 registered for offence punishable under sections 406/409/420/504 of the Indian Penal Code.

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The petitioners are named accused, alongwith five others, in the case which has been instituted on the basis of Complaint Case No. 1990 of 2009 in which the allegation is that

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Patna High Court Cr.Misc. No.22178 of 2013 (2) dt.01-08-2013

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in spite of realizing money in the name of the Cooperative Society, the final maturity amount was not paid to the depositors.

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Learned counsel for the petitioners submits that the petitioners are involved in the working in the Cooperative Society in their official capacity and that the same was being run by a Managing Committee and the investigation is going on and till date charge sheet has not been submitted.

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Learned counsel draws the attention of this Court to Annexure-2, which is copy of order dated 22.2.2012 by a coordinate Bench of this Court in Cr. Misc. No. 30946 of 2011 and Cr. Misc. No. 33876 of 2011, by which four similarly situated co-accused have been granted anticipatory bail till the conclusion of investigation/submission of charge sheet.

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Learned APP for the State opposes the prayer for anticipatory bail.

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Considering the facts and circumstances of the case, in the event of arrest or surrender before the Court below within four weeks from today, till conclusion of investigation/submission of charge sheet, let the above named petitioners be enlarged on bail upon furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa

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Patna High Court Cr.Misc. No.22178 of 2013 (2) dt.01-08-2013

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in Saharsa P.S. Case No. 53 of 2010 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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The petitioners shall also attend the Court regularly till conclusion of the investigation/submission of charge sheet and in the event of failure on two consecutive dates, without any reasonable explanation the privilege granted shall be deemed to be cancelled.

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(Ahsanuddin Amanullah, J)

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Prakash/-

Rupesh Kumar Singh @ Rupesh Prasad Singh and Anr. v. The State Of Bihar

Case brief

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Rupesh Kumar Singh @ Rupesh Prasad Singh and Anr. v. The State Of Bihar

Case brief

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