This short order granted anticipatory bail to the petitioner in a cheating/forgery case where co-accused had already been granted bail, subject to standard conditions including a bond and sureties.
Granted anticipatory bail with condition of release on bail bond of Rs. 10,000/- with two sureties if arrested before the Court below.
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.24406 of 2020
Arising Out of PS. Case No.-151 Year-2019 Thana- BOCHAHAN District- Muzaffarpur
======================================================
PAWAN KUMAR Son of Devendra Pandit Resident of Village - Chapaith, Police Station - Goraul, District - Vaishali.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur For the Opposite Party/s : Mr. Nityanand ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
3 02-12-2020
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.
This application for grant of anticipatory bail arises out of Bochaha Police Station Case No. 151 of 2019, disclosing offence under Sections 420/467/468/471/120-B/406/34 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that co-accused Rangeela Khatoon, on the basis of forged and fabricated Adhar Card, voters card and other documents, attempted to get benefit of Prime Minister’s Awas Yojana, which is a Government scheme, on the basis of the identification made by this petitioner and others.
Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.24406 of 2020(3) dt.02-12-2020 2/3
petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive inasmuch as on the complaint of co-accused Rangeela Khatoon, a vigilance team had led a trap against the informant, who is Block Development Officer, and caught his driver redhanded while accepting bribe on behalf of the informant. The present First Information Report has been lodged in retaliation of the complaint made by co-accused Rangeela Khatoon against the informant, in which the petitioner has also been involved without any material. He further submits that not a single penny has been withdrawn under the scheme and the allegation in the First Information Report is only making an attempt by coaccused Rangeela Khatoon and others to cause loss to the Government revenue. He further submits that co-accused Rangeela Khatoon @ Sabra Khatoon has been granted anticipatory bail by this Court, vide order, dated 06.08.20198, passed in Criminal Misc. No. 48937 of 2019
After having heard learned Counsel for the parties concerned and taking into consideration the materials on record and the fact that co-accused Rangeela Khatoon @ Sabra Khatoon has been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
Patna High Court CR. MISC. No.24406 of 2020(3) dt.02-12-2020 3/3
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 14th Additional Chief Judicial Magistrate, Muzaffarpur, in connection with Bochaha Police Station Case No. 151 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a case alleging forgery related to government housing scheme benefits.
1 provisions across 1 enactments
Pawan Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
