This court granted anticipatory bail to the petitioner in a complaint case alleging cheating and forgery, allowing arrest or surrender within twelve weeks upon furnishing bonds with sureties under Section 438 Cr.P.C.
Petitioner released on anticipatory bail to surrender or face arrest within twelve weeks, furnishing bonds with sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.65266 of 2018
Arising Out of PS. Case No.-2217 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna
====================================================== Sunil Kumar Yadav Son of Krishna Kumar Yadav Resident of Mohalla -Bakarganj, Natraj Gali P.S. Pirbahore, Distt.-Patna
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikash Kumar For the Opposite Party/s : Mr. Smt. Reena Sinha ======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 13-12-2018
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a complaint case, wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420, 467, 471 and 120B of the Indian Penal Code.
The prosecution case as per the complaint petition is that co-accused Arvind Singh executed sale deed of a piece of land in favour of the complainant in 2011 in consideration amount of Rs.Five lakhs. When the complainant went to see the land he came to know that the same has already been sold by co-accused Arvind Singh on 11.03.2010 to Awadhesh Kumar
Patna High Court Cr.Misc. No.65266 of 2018(2) dt.13-12-2018 2/3
and Amlesh Kumar. It is alleged against the petitioner that he typed the sale deed of the land in question.
It is submitted by learned counsel for the petitioner that neither the petitioner has executed the sale deed nor is a witness to the same and it is further submitted that considering the nature of accusation, co-accused Rambabu Singh has been granted anticipatory bail by co-ordinate Bench of this Court vide Cr. Misc. No. 54411 of 2017. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the petitioner is named in
the FIR.
Considering the thrust of accusation against coaccused Arvind Singh and the fact that co-accused Rambabu Singh has been granted anticipatory bail by a co-ordinate Bench of this Court, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court Cr.Misc. No.65266 of 2018(2) dt.13-12-2018 3/3
learned Sub Judge-XIV -cum- A.C.J.M., Patna in connection with Complaint Case No. 2217C of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a complaint case alleging offences under Sections 420, 467, 471 and 120B of the Indian Penal Code.
1 provisions across 1 enactments
Sunil Kumar Yadav
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
