The Patna High Court granted anticipatory bail to the petitioners, noting that their names appeared only in a co-accused statement and no evidence was recovered from them, directing surrender within four weeks.
Anticipatory bail granted; surrender required within four 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.36449 of 2019
Arising Out of PS. Case No.-134 Year-2019 Thana- SAKRA District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Hari Kishore Thakur For the Opposite Party/s : Mr.Awadhesh Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
Petitioners apprehend their arrest in connection with
Sakra P.S. Case No.134 of 2019 for the offence punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
Prosecution case, in short, is that on secret information, police raided house of Rakesh Mahto @ Dhanna Seth and recovered about Rs.7 lacks currency notes, ornaments and other articles also. Police arrested Dhanna Seth and upon an inquiry arrested person who disclosed the name of the petitioners along with other who allegedly involved in the
Patna High Court CR. MISC. No.36449 of 2019(2) dt.11-06-2019 2/3
illegal trade with Rakesh Mahto.
Learned counsel for the petitioner submits that from perusal of the First Information report, no offence is made out against the petitioner and the name of the petitioner has come only on the basis of statement of co-accused Rakesh Mahto. Nothing has been recovered from the possession of the petitioner and from perusal of entire FIR, there is no allegation of any cheating or forgery upon the petitioners. Petitioners have got no criminal antecedent and similarly situated person has been granted bail by this Court vide order dated 28.05.2019 passed in Cr. Misc. No.34623 of 2019.
Having considered the submissions made by learned counsel for the petitioner as well as State and taking into consideration the fact that the name of the petitioners have come only on the basis of statement of the co-accused and no recovery of illegal articles have been made from the possession of the petitioners. Therefore, I am inclined to grant anticipatory bail to the petitioners. Accordingly, both the petitioners are directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by the petitioners, the petitioners shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand)
Patna High Court CR. MISC. No.36449 of 2019(2) dt.11-06-2019 3/3
each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-cum-Sub Judge 13th , Muzaffarpur in connection with Sakra P.S. Case No.134 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.
(Anil Kumar Sinha, J)
sanjeev/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in the Sakra P.S. Case No.134 of 2019.
1 provisions across 1 enactments
Aftab Alam and Anr
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
