Hon'ble Judge, while hearing a prayer for anticipatory bail in a cheating case, directed that the petitioner be released on bail upon surrender within three weeks, furnishing a bond along with two sureties.
The petitioner to be released on bail upon surrender within three weeks, furnishing a bond of Rs. 10,000 with two sureties of like amount.
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Patna High Court Cr.Misc. No.54184 of 2013 (2) dt.21-03-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54184 of 2013 ====================================================== 1. Heera Lal Sangahi S/O Tokhan Sargahi Resident of Village- Bageshwari, P.S- Havli Kharagpur, District- Munger. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shree Ganesh, Advocate For the Opposite Party/s : None. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 21-03-2014 Heard learned counsel for the petitioner. Nobody appears for the State. The petitioner apprehending his arrest in a case registered for offence punishable under Section 420 of the Indian Penal Code has prayed for grant of anticipatory bail. It is alleged that one Deepak Kumar @ Guddu impersonated the informant and executed sale deed with regard to the land claimed by the informant in favour of Munna Singh and Vivek Kumar Singh.
It is submitted by learned counsel for the petitioner that the petitioner is not even cited as an accused in the FIR. It is also submitted that in the column of the name (s) of the accused, the petitioner is cited as an accused but in the whole body of the FIR there is no allegation attributed to the petitioner. It is further
Patna High Court Cr.Misc. No.54184 of 2013 (2) dt.21-03-2014
stated that co-accused Vishnu Kant Choudhary and Pankaj Kumar Sinha who are named in the FIR have been granted anticipatory bail in Cr.Misc. Nos. 23792 of 2012 and 3778 of 2012 respectively.
Considering the aforesaid facts, the above named petitioner, in the event of arrest/surrender within three weeks in the court below, shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogari P.S.Case No. 124 of 2011 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Kishore Kumar Mandal, J)
Tahir/-
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending arrest in a case for cheating.
Whether appointment of sureties is a prerequisite for granting anticipatory bail under Section 438 CrPC in non-bailable offences.
2 provisions across 2 enactments
Heera Lal Sangahi
The State of Bihar
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
