This court granted anticipatory bail to the petitioner apprehending arrest in a criminal case under various sections of the IPC for defalcation and cheating, directing surrender within six weeks.
Petitioner directed to surrender within six weeks and enlarge on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.3353 of 2020
Arising Out of PS. Case No.-256 Year-2019 Thana- DIDARGANJ District- Patna
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Manoj Kumar @ Babloo, Son of Late Suresh Prasad @ Suresh Prasad Singh, Resident of Village - Bakshi Maidan Begampur, P.S.- Chowk Patna City, District - Patna.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 06-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Didarganj P.S. Case no. 256 of 2019 registered for the offence(s) punishable under sections 408, 420, 467, 468 and 471 of the Indian Penal Code.
As per the allegation in the F.I.R., the petitioner was employed as a manager of a petrol pump. He is stated to have committed irregularities in its management and of having defalcated a sum of Rs. 18 lacs approx.
It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.3353 of 2020(2) dt.06-03-2020 2/2
the allegations as levelled in the F.I.R. are false. The petitioner has been working an an employee of the informant since the year 1986. It is further submitted that apprehending false implication in the case, the petitioner had filed an informatory petition (Annexure- 4) on 31.07.2019 and thereafter the instant F.I.R. has been registered on 02.09.2019. The petitioner has no criminal antecedent.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated hereinabove, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Didarganj P.S. Case no. 256 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- V, Patna City (Patna), subject to the condition as laid down under section 438(2) of the Cr.P.C.
(Partha Sarthy, J)
Ankit/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given apprehension of arrest and false allegations in a case involving financial irregularities.
1 provisions across 1 enactments
Manoj Kumar @ Babloo
The State of Bihar
Sudhir Singh @ Sudhir Kumar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
