High Court rejected petitioner's application for anticipatory bail. Court found witnesses supported prosecution story raising apprehension of arrest under cheating charges. Petitioner allowed to seek regular bail from lower court.
Application for anticipatory bail dismissed. Liberty to seek regular bail from lower court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10231 of 2020
Arising Out of PS. Case No.-227 Year-2019 Thana- EKANGARSARAI District- Nalanda
======================================================
VINOD CHAUDHARY Son of Raj Mohan Chaudhary Resident of VillageMasadh, P.S-Okari, District-Jahanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar @ Alok Kr Shahi For the Opposite Party/s : Mr.Ram Bilash Roy Raman ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
5 06-10-2020
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual court proceedings.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420, 504, 506/34 of the Indian Penal Code.
Allegation against the petitioner and other co-accused person is that they cheated Rs. 3,15,400/- from the informant for ensuring the job of the informant’s grandson in Railway.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He submits that there is no direct allegation against the petitioner. He further submits that there is direct allegation upon coaccused Deepak Kumar. He submits that a compromise between the parties has been done and petitioner has no criminal
Patna High Court CR. MISC. No.10231 of 2020(5) dt.06-10-2020 2/2
antecedent.
Considering the fact that witnesses have supported the prosecution story, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his payer for anticipatory bail is rejected in connection with Ekangarsarai P.S. Case No. 227 of 2019 arising out of G.R. No. 1759 of 2019 pending before the court of the learned A.C.J.M., Hilsa, Nalanda.
Accordingly, the application is dismissed. However, petitioner is at liberty to surrender before the court below and prayer for regular bail. Learned court below is directed to consider the regular bail application of the petitioner on same day without being prejudiced by this order.
(Anjani Kumar Sharan, J)
devendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in the offence of cheating?
5 provisions across 1 enactments
Vinod Chaudhary
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
