The court considered a bail application in a case involving alleged forgery, cheating, and handling stolen property. Rejecting the plea due to the petitioner's criminal antecedents and the nature of allegations, the bail was denied.
Bail application of the petitioner is rejected.
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.25224 of 2020
Arising Out of PS. Case No.-23 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
SALMAN KHAN S/o Gujjan Khan, Resident of Village-Sarai-Jagdish Jangiganj, P.S.-Gopiganj, District-Bhadohi (U.P.)
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Tribhuwan Narayan, Adv. For the Opposite Party/s : Mr.Anand Mohan Pd.Mehta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 21-10-2020 Heard both sides through Video Conferencing.
Petitioner seeks bail in Chainpur P.S. Case No.23 of
2020 registered under Sections 413, 414, 420, 467, 468, 471, 401, 120(B), 34 of the IPC and under Section 37 (1) of the Bihar Prohibition and Excise Act.
The informant (S.H.O. of Chainpur P.S.) got information that a stolen Tavera vehicle was being washed at Sonu Service Centre and two persons were there. The police after having received such information went to Sonu Service Centre in order to verify the information. Two persons started fleeing away but one person, namely, Salman Khan (petitioner) was apprehended and he disclosed the name of his accomplice as Pappu Yadav. The petitioner is said to have disclosed that the vehicle was stolen by one Rehan @ Munna and he got the
Patna High Court CR. MISC. No.25224 of 2020(3) dt.21-10-2020 2/2
number plate of the vehicle changed with the help of others.
Learned counsel for the petitioner submits that the petitioner is innocent. He has not committed any offence. The petitioner disclosed that the vehicle was stolen by one Rehan @ Munna and he handed over the vehicle to Jisan Alam (bhagina), who changed the number plate of the vehicle. It is further submitted that the petitioner is in jail since 23.01.2020 but it appears that the petitioner was apprehended with the stolen vehicle and the petitioner has got criminal antecedent. He is accused in as many as seven criminal cases including the cases registered under Section 307 and different Sections of the I.P.C. and Arms Act.
Having considered the facts aforesaid and the nature of allegations made against the petitioner and the fact that the petitioner has got criminal antecedent, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J)
Harish/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving cheque forgery and other offences given his criminal antecedents.
Whether the disclosure of stolen vehicle details by the petitioner warrants granting bail.
10 provisions across 2 enactments
SALMAN KHAN
THE STATE OF BIHAR
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
