Single Judge allowed anticipatory bail to petitioner in a cheating and forgery case. Court held accusation based on suspicion as maker of such order.
Petitioner released on bail by furnishing bonds of Rs. 10,000 with two sureties each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17862 of 2021
Arising Out of PS. Case No.-914 Year-2019 Thana- SHASTRINAGAR District- Patna
======================================================
PINKU KUMAR PASWAN Son of Hiralal Paswan @ Hari Paswan Resident of Village- Salahpur Lagma, P.S.- Ghanshyampur, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 09-03-2022 Heard Mr. Ajay Kumar, learned Advocate for the petitioner and the learned APP.
The petitioner seeks bail in anticipation of his arrest in connection with Shastri Nagar P.S. Case No. 914 of 2019 dated 02.12.2019 instituted for the offences under Sections 419, 420, 467, 468 and 34 of the Indian Penal Code.
According to the prosecution case, the signature/thumb impression of the petitioner did not match the records. It was, thus, found that the petitioner and others had not appeared in the test but somebody else had impersonated on his behalf.
The learned counsel for the petitioner has submitted that the accusation is totally based on suspicion and there is nothing on record to substantiate the aforesaid suspicion.
Patna High Court CR. MISC. No.17862 of 2021(2) dt.09-03-2022 2/2
The petitioner, only after due verification of his records which was filed on-line, was permitted to appear in the written examination.
One of the accused persons with similar nature of accusation against him has been granted anticipatory bail by a Bench of this Court vide order dated 06.03.2020 passed in Cr. Misc. No. 13726 of 2020.
For the reasons aforestated, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV Patna in connection with Shastri Nagar P.S. Case No. 914 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J)
krishna/-
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail pending investigation in charges of cheating and forgery based on suspicion.
1 provisions across 1 enactments
PINKU KUMAR PASWAN
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
