High Court granted anticipatory bail allowing petitioner to surrender within four weeks for provisional release on bail pending charge sheet.
Petitioner allowed to surrender within four weeks for provisional bail pending charge sheet; regular bail to be considered after charge sheet.
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.80551 of 2018
Arising Out of PS. Case No.-326 Year-2018 Thana- BASANTPUR District- Siwan
======================================================
Kundan Kumar Singh, Son of Harendra Kumar Singh @ Harendra Singh, Resident of Village- Pirari, P.S. Jalalpur, District- Chhapra
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Prashant Kumar For the Opposite Party/s : Mr.Aditya Narayan Singh 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 14-02-2019
Petitioner seeks bail in anticipation of his arrest in connection with Basantpur P.S. Case No. 326 of 2018 registered for the offences punishable under Sections 473, 389A,B,C,D, 420 and 120B of the Indian Penal Code.
Allegation is of recovery of fake currency notes of one lakh rupees from the possession of co-accused and two lakh rupees of fake currency notes from house of another co-accused and they have disclosed the name of the petitioner stating that they are going to supply those notes to him.
Submission of learned counsel for the petitioner is that except extra judicial confession there is nothing against him, no recovery has been made from his possession and he has no criminal antecedent.
Heard learned APP also.
Patna High Court Cr.Misc. No.80551 of 2018(3) dt.14-02-2019 2/2
Having heard both sides and in the facts and circumstances, as stated above, let petitioner, above named, surrender within a period of four weeks from the receipt of this order and on surrender he shall be released on provisional bail by the court below itself till submission of charge sheet and once charge sheet has been submitted against the petitioner, he should surrender and make prayer for regular bail, which shall be considered on the basis of materials available on record. It is made clear that petitioner in no way shall try to tamper with the evidence.
With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J)
spal/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in connection with offences under sections 473, 389, 420 and 120B of IPC.
Whether the petitioner's lack of criminal antecedents and absence of recovery from his possession warrant provisional bail.
1 provisions across 1 enactments
Kundan Kumar Singh
State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
