Single judge allowed a petition to reject an initial order refusing anticipatory bail. The court directed release on bail after a supervising authority found no evidence and co-accused were granted bail.
Directed petitioner to surrender for bail and furnish bond of Rs. 10,000 with two sureties.
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.
Patna High Court Cr.Misc. No.8975 of 2011 (4) dt.18-01-2013 1
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8975 of 2011
====================================================== Rita Devi, w/o-Ramchandra Singh, Resident of village-Rajwara, P.S. Dharhara, District-Munger. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Lallan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 4 18-01-2013 Heard the learned counsel for the petitioner, Mr. Ajit Kumar Singh and the learned counsel for the State, Mr. Lallan Kumar. This anticipatory bail has been filed by the petitioner in connection with Dharhara P.S. Case No.118 of 2009 under Section 419, 420, 409, 467, 468, 471/34 of the Indian Penal Code. Earlier the prayer for anticipatory bail was rejected at the very initial stage when the investigation was going on. The learned counsel submitted that after completion of the investigation, the supervising authority found that there is no evidence against the petitioner and it was also found that the Panchayat Rojgar Sevak was only involved in the present case in defalcation of the amount alleged in the F.I.R. The said Panchayat Rojgar Sevak has already been granted anticipatory bail in Cr.
Patna High Court Cr.Misc. No.8975 of 2011 (4) dt.18-01-2013 2
Misc. No.30985 of 2010 by this court on 02.03.2012 and other coaccused person whose case was also in similar nature has been granted anticipatory bail in Cr. Misc. No.23435 of 2010 on 16.11.2010. The supervision note has been annexed with the supplementary affidavit.
From perusal of the same, it appears that the authority has not found any evidence against the petitioner and the involvement of only Panchayat Rojgar Sevak was found.
Considering the above facts and circumstances of the case and the fact that the co-accused persons whose cases are similarly situated have already been granted anticipatory bail, I hereby direct that the petitioner be released on bail on her surrender before the C.J.M., Munger within 30 days from today on furnishing bail bond of Rs.10,000(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Dharhara P.S. Case No.118 of 2009.
(Mungeshwar Sahoo, J)
Saurabh/-
1 issue framed by the court
Whether anticipatory bail previously rejected should be granted after finding no evidence against the petitioner.
Rita Devi
The State Of Bihar
MUNGESHWAR SAHOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
