The Patna High Court granted anticipatory bail to the petitioner in a case involving cheating, forgery, and criminal conspiracy arising from an FIR about fabricated documents for looted cell phones.
Anticipatory bail granted subject to furnishing bail bond of Rs. 10,000 with two sureties and complying with personal appearance conditions.
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.7847 of 2016 (2) dt.01-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7847 of 2016 Arising Out of PS.Case No. -5 Year- 2014 Thana -GARHPURA DistrictBEGUSARAI ===================================== 1. Sanjeev Jha @ Sanjeev Kumar, Son of Jaladhar Jha @ Devnandan Jha, Resident of Village- Garhpura, Police Station- Garhpura, District- Begusarai. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ===================================== Appearance : For the Petitioner/s : Mr. Shashi Dhar Jha, Adv. For the Opposite Party/s : Mr. Ram Sumiran Roy (APP) =====================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH ORAL ORDER
This application, for grant of anticipatory bail, arises out of Garhpura P.S. Case No.5 of 2014, disclosing offences under Sections 419, 420, 468 and 120B of the Indian Penal Code.
One Umesh Prasad Gupta was arrested in connection with Garhpura P.S. Case No.64 of 2013, which was registered with allegation of theft/loot of cell phones.
Patna High Court Cr.Misc. No.7847 of 2016 (2) dt.01-04-2016
The said Umesh Prasad Gupta made certain statements before the police to the effect that owners of certain shops, dealing with the cell phones, were responsible for using fabricating documents for sale of looted cell phones.
Learned counsel for the petitioner submits that the petitioner is the owner of Sahan Basudha Kendra, Garhpura, and has been implicated in this case only on the basis that from his demo number, mobile No.9709992208 had been activated, as has come in the case diary. Learned counsel for the petitioner submits that even this fact is incorrect. He further submits that the petitioner shall cooperate with the police in investigation, as and when required. The petitioner has no criminal antecedent, as stated in paragraph-3 of the application.
In view of the submission, as above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, 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 Additional Chief Judicial Magistrate – IV, Begusarai , in connection with Garhpura P.S. Case No.5 of 2014 , subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.7847 of 2016 (2) dt.01-04-2016
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.)
Praveen-II/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who was implicated based on a demo number and has no criminal antecedent?
1 provisions across 1 enactments
Sanjeev Jha @ Sanjeev Kumar
State of Bihar
Chakradhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
