The High Court granted anticipatory bail to petitioners facing charges for cheating and forgery, directing them to cooperate with the investigation and submit to arrest within six weeks.
Petitioners directed to be released on bail by furnishing bond of Rs. 10,000/- each with two sureties, subject to surrender within six weeks.
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.20298 of 2022
Arising Out of PS. Case No.-108 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur
======================================================
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Ms. Punam Shrivastava Mr. Pradeep Kumar Sinha For the Opposite Party/s : Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-11-2022
A supplementary affidavit has been filed on behalf of the petitioners and the same is taken on the record.
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 323, 420, 406, 467, 468, 409, 120(B) of the Indian Penal Code.
The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the petitioner no.2 is a woman and the informant alleges that he is unemployed and is a
Patna High Court CR. MISC. No.20298 of 2022(3) dt.22-11-2022 2/3
victim of conspiracy. It is next alleged that petitioner nos.1 and 2 disclosed that they have a registered office under Indian Government and they helped in getting VISAs and thus, have sent many people to various countries for which, they take Rs.85,000/- along with expenses. It is next alleged that petitioner nos.3 and 4 further made him believed that people, who go outside, earn about 1.5 lakhs per month. It is further alleged that petitioners along with others gave Rs.85,000/- each for going to Malaysia and one of the victims gave Rs.2,35,000/- for going to Singapore. Thereafter, they were provided with xerox VISAs. It is next alleged that when they were to leave the country, their VISAs were found to be forged and fabricated.
The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is next submitted that petitioners run Uttar Bihar Technical Training & Trade Test which is a duly registered organization bearing Registration No.CBPPR9101RSD001 dated 09.12.2015, PAN No.CBPPR9101R. The learned counsel next submits that petitioners are not shying away from the investigation rather they will cooperate in the investigation, so that the police arrived at the truth. It is next submitted that petitioners will present themselves before the Investigating Officer as and when they are called or required.
Learned A.P.P. opposes the bail application.
Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their
Patna High Court CR. MISC. No.20298 of 2022(3) dt.22-11-2022 3/3
arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sadar (Muzaffarpur) P. S. Case No.108 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
However, if the Investigating Officer of the case files an application before the learned trial Court bringing to its notice that petitioners, despite giving undertaking to this Court, are not presenting themselves before him or are not cooperating in the investigation, then the learned trial Court after hearing the petitioners shall pass order in accordance with law and will have the liberty to cancel the bail bonds of the petitioners.
The learned trial Court is directed to send a copy of this order to the concerned Police Station.
(Satyavrat Verma, J)
vikash/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in a case involving offences under sections 323, 420, 406, 467, 468 and 409 of the Indian Penal Code.
1 provisions across 1 enactments
Nand Kishore Ram And Others
The State Of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
