In an anticipatory bail application under Section 438 CrPC, the Patna High Court allowed the petitioners to be released on bail upon arrest or surrender, subject to furnishing a bail bond and adhering to statutory conditions.
Application for anticipatory bail allowed; petitioners to be released on bail if arrested or surrender within six weeks.
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.1221 of 2019
Arising Out of PS. Case No.-374 Year-2017 Thana- GAYA KOTWALI District- Gaya
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Devendra Prasad Singh, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 07-02-2019 This is an application for grant of anticipatory bail in connection with Kotwali P.S. Case No. 374 of 2017, disclosing offences under Sections 420, 406/34 of the Indian Penal Code.
Allegation against the petitioners is that they have taken Rs.4,28,000/- from the informant in advance for giving shop on rent to him, however, he had prepared the agreement paper with respect to Rs.3,00,000/- and Rs.1,28,000/- was given in cash, but the shop was not handed over to the informant.
Submission of learned counsel for the petitioners is that the agreement was made between the parties and after sometimes some dispute arose between the parties and thereafter the petitioner has falsely been implicated in this case and he has no criminal antecedent.
Patna High Court Cr.Misc. No.1221 of 2019(3) dt.07-02-2019 2/2
Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Kotwali P.S. Case No. 374 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J)
Amjad/-
U T
1 issue framed by the court
Whether an application for anticipatory bail should be granted in a case alleging cheating and criminal breach of trust.
1 provisions across 1 enactments
Prema Singh and Bipin Bihari
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
