Allowed

Bipin Jha v. The State Of Bihar

Patna HC4 Dec 2017CR. MISC./47252/2017

Case brief

AI extract

What is this about?

The High Court of Patna allowed the petitioner's prayer for anticipatory bail in a case involving cheating and forgery offences. The court granted bail subject to conditions regarding surrender, presence in court, and non-tampering with evidence.

What did the court decide?

Prayer for anticipatory bail allowed; surrender required within six weeks on furnishing bail bond of Rs. 10,000 with two sureties under Section 438(2) Cr.P.C.

Bipin Jha Vs The State Of Bihar — Anticipatory Bail | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47252 of 2017

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Arising Out of PS.Case No. -607 Year- 2017 Thana -SAHARSA District- SAHARSA

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======================================================

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Bipin Jha, Son of Bidesh Jha, R/o Village- ward no. 6, Refugee Colony, Saharsa, P.S.- Saharsa, District- Saharsa.

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.... .... Petitioner/s

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Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Advocate. For the Opposite Party/s : Mr. Sri Surendra Prasad Singh

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====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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7 04-12-2017 Heard learned counsel for the petitioner and the State.

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The petitioner apprehends his arrest in Saharsa P.S. Case

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No. 607 of 2017 instituted for the offence under Sections 419, 420, 468, 469, 475, 476, 482, 483, 486, 488 and 34of the Indian Penal Code.

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In the written report there is allegation that during search of the godown of this petitioner, the instrument of repairing of cement bags and materials of substandard cement were found in the godown. Three persons as named in the written report were arrested. The petitioner is said to be the owner of the aforesaid godown.

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Learned counsel for the petitioner has submitted that there is no any report that the cement found in the godown of this petitioner were adulterated. There is no any cogent material in the written report to show that the adulterated cement was found from the godown of this petitioner. It has been submitted that co-accused Nikhil Yadav @ Wakil Yadav has been granted anticipatory bail by a coordinate Bench

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Patna High Court Cr.Misc. No.47252 of 2017 (7) dt.04-12-2017

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2/2

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of this Court vide order dated 19.09.2017 passed in Cr. Misc. 43415 of 2017.

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Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Saharsa P.S. Case No. 607 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(Sanjay Priya, J)

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S.Ali/U T

Bipin Jha v. The State Of Bihar

Case brief

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Bipin Jha v. The State Of Bihar

Case brief

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