Quashed

Bhola Prasad Singh @ Bhola Singh Arun v. The State Of Bihar

Patna HC13 Jan 2014CR. MISC./33729/2013

Case brief

AI extract

What is this about?

The Patna High Court quashed orders declaring the petitioner, a retired banker, an absconder in a fraud case. The court held that declaring the petitioner an absconder could not be justified due to the unavailability of service report and warrant execution records on the record.

What did the court decide?

Orders dated 18.06.2012 and 17.04.2013 declaring petitioner an absconder are quashed. Petitioner directed to appear within four weeks.

Bhola Prasad Singh @ Bhola Singh Arun Vs The State… — Criminal Trial and Appeal | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33729 of 2013

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====================================================== Bhola Prasad Singh @ Bhola Singh Arun S/O Late Jainath Singh @ Ghauli Singh Resident Of Village Songar, Police Station- Tajpur, DistrictSamastipur.

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.... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 13-01-2014 The present application has been filed for quashing the order dated 18.06.2012 passed by learned Judicial Magistrate, Ist Class, Saran at Chapra in connection with Tr. No. 1146 of 2012 arising out of Avatar Nagar P.S. Case No. 76 of 1996 registered for the offences punishable under Sections 406, 420, 468 and 120B/34 of the Indian Penal Code, whereby petitioner has been declared absconder. The application has also been filed for quashing the order dated 17.04.2013, whereby Adhoc Additional Sessions Judge V, Saran at Chapra vide Cr. Revision No. 100 of 2013 affirmed the order dated 18.06.2012 passed by learned Magistrate with observation that the learned court below is directed to consider the bail petition of the petitioner as his first appearance in the case after taking cognizance, if the petitioner surrenders within one month.

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Patna High Court Cr.Misc. No.33729 of 2013 (3) dt.13-01-2014

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The prosecution case is of fraudulently withdrawal of money from Land Development Bank, Chapra with regard to the pumping sets in the name of informant when the petitioner was the Manager of said Land Development Bank.

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It is submitted by learned counsel for the petitioner that the petitioner was granted anticipatory bail on 04.05.1999 vide Cr. Misc. No. 6572 of 1999. Subsequently cognizance was taken in the matter on 25.06.2004 and the case was transferred to different courts but neither the summon was served nor the warrant was executed and ultimately processes under Section 82 and 83 of the Cr.P.C. were executed and he was declared absconder on 18.06.2012. It is further submitted that the petitioner is now retired.

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From the order of learned Additional Sessions Judge it is apparent that the service report of summons and execution of warrant are not available on the record.

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In the circumstances discussed above, declaring the petitioner absconder cannot be justified. Accordingly, order dated 18.06.2012 passed by the learned Judicial Magistrate in Tr. No. 1146 of 2012 as well revisonal order dated 17.04.2013 passed by Adhoc Additional Sessions Judge-V in Cr. Revision No. 100 of 2013 are hereby quashed.

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Patna High Court Cr.Misc. No.33729 of 2013 (3) dt.13-01-2014

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Considering the aforesaid facts, petitioner is directed

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to appear before the learned court below within four weeks from today.

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Accordingly, this application is allowed.

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(Dinesh Kumar Singh, J)

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DKS/-

Bhola Prasad Singh @ Bhola Singh Arun v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Bhola Prasad Singh @ Bhola Singh Arun v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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