The High Court allowed bail to the petitioner, who was apprehending arrest in a case involving cheating under IPC Section 420. The court observed the petitioner's license suspension and allowed bail on furnishing a bond with sureties.
Petitioner enlarged on bail on furnishing bond of Rs.25,000/- with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12281 of 2022
Arising Out of PS. Case No.-32 Year-2021 Thana- LAUKAHI District- Madhubani
======================================================
Jagarnath Prasad Sah Son Of Chandeshwar Prasad Sah R/O Village- Jhitki, P.S.- Laukahi, District- Madhubani
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Ranjan For the Opposite Party/s : Mr.Parmeshwar Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 04-08-2022
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act.
It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that name of the petitioner has been transpired in the present case on the basis of so-called statement made by co-villager Rajendra Sah before the police
Patna High Court CR. MISC. No.12281 of 2022(2) dt.04-08-2022 2/2
on account of previous enmity. He submits that petitioner has six bighas fertile land and 40 quintals seized rice belongs to him. He submits that the license of the petitioner has been suspended and an inquiry is going on. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for
bail.
Considering the facts and circumstances of the case and the fact that license of the petitioner has already been suspended, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Laukahi (Narahiya O.P.) P.S. Case No. 32 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
devendra/-
U T
1 issue framed by the court
Whether the petitioner be enlarged on bail given his apprehension of arrest and the fact that his license has been suspended.
2 provisions across 2 enactments
Jagarnath Prasad Sah
The State Of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
