The Patna High Court dismissed a plea for anticipatory bail. The single judge held that arrest was necessary for identification and recovery given the nature of allegations involving unknown persons fraudulently withdrawing money from an ATM.
Anticipatory bail not granted; plea dismissed.
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.15614 of 2021
Arising Out of PS. Case No.-330 Year-2018 Thana- GORAUL District- Vaishali
======================================================
GAUTAM KUMAR Son of Brahmadev Singh Resident of Village- Bhampur, P.S.- Vaishali (Belsar O.P.), District- Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Shyam Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
3 12-01-2022 Heard both the parties through video conferencing.
The petitioner seeks bail in anticipation of his arrest in connection with Goraul P.S. Case No.330 of 2018 instituted for the offences under Sections 406, 420 and 379 of the Indian Penal Code.
Considering the nature of allegation, where some unknown persons fraudulently took out the money from the ATM of the informant, the petitioner is required to be arrested.
Learned counsel for the petitioner submits that the petitioner has no role to play.
Taking into consideration the nature of allegation, the presence of the petitioner for identification as well as for recovery if any is to be required, no case for anticipatory bail.
Patna High Court CR. MISC. No.15614 of 2021(3) dt.12-01-2022 2/2
Accordingly, I am not inclined to grant anticipatory
bail to the petitioner and the same is accordingly dismissed.
(Sanjeev Prakash Sharma, J)
amit/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in connection with offences under Sections 406, 420 and 379 of the Indian Penal Code arising from ATM withdrawal allegations.
Gautam Kumar
The State of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
