The Patna High Court dismissed an application for anticipatory bail, holding that a person belonging to a registered society who threatens defrauding should surrender and obtain regular bail on merits, rather than claiming anticipatory bail.
Application dismissed; Petitioners directed to surrender and seek regular bail on merits.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3685 of 2018
Arising Out of PS.Case No. -44 Year- 2017 Thana -BEUR District- PATNA
======================================================
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Dilip Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 05-02-2018
Petitioners apprehend their arrest in connection with Beur P.S.Case No. 44 of 2017 registered for the offences under Sections 420, 467 and 468/34 of the Indian Penal Code.
Allegation against the petitioners, who are Secretary and Chairman of Good Life Development Society, is that they have cheated the informant and others by issuing an advertisement inviting applications along with Bank Draft and date for examination was fixed but it appears that examination on the date fixed was not held and without any examination they have appointed their persons and they have not returned the Bank Draft amount to the informant and others.
Submission of learned counsel for the petitioners is that
Patna High Court Cr.Misc. No.3685 of 2018 (2) dt.05-02-2018
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the Society is a registered society and as a matter of fact they have sent SMS to the informant and others for cancellation of examination on the date fixed and thereafter examination was held and appointment was made.
However, learned counsel for the petitioners has failed to show the informant appeared in the examination and failed.
Heard learned APP also.
In the facts and circumstances, this is not a case of anticipatory bail, rather petitioners should surrender and pray for regular bail, which shall be considered on its own merit.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J)
spal/-
U
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in connection with offences under Sections 420, 467, and 468/34 of the Indian Penal Code.
Raj Kumar Rakesh and Ors.
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
