Allowed

Subham Jain v. The State of Bihar

Patna HC29 Jun 2022CR. MISC./24507/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a cheating case. The court released him on a bond of Rs. 20,000 with sureties, subject to conditions including presence at future dates, and directed the lower court to frame charges quickly.

What did the court decide?

Petitioner released on bail on Rs. 20,000 bond with two sureties. Direct to lower court to expeditiously frame charges.

Subham Jain Vs The State of Bihar — Cheating and Forgery | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24507 of 2022

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Arising Out of PS. Case No.-1148 Year-2021 Thana- ARA NAWADA District- Bhojpur

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======================================================

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Subham Jain, Son of Sri Sukumal Kumar Jain, Resident of Village - Mahajan Tolai No.1, P.S.- Ara Town, Distt.- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Krishna Chandra, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 29-06-2022

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Heard learned counsel for the petitioner and learned

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APP for the State.

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Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect.

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In the present case, the petitioner seeks bail in connection with Ara Nawada P.S. Case No. 1148 of 2021 registered for the alleged offences under Sections 406, 419, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code.

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The prosecution case is that the co-accused persons cheated a number of innocent investors crores of rupees. The allegation against the petitioner is that he was an accomplice in the crime.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.24507 of 2022(3) dt.29-06-2022 2/3

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petitioner has got no role and he was not named in the FIR. Simply because his brother is one of co-accused persons, he has been named in this case to put pressure on accused persons for return of the money. Except for the statement that the petitioner was helping his sister, nothing substantial has come against petitioner during the investigation or in the statement of the witnesses. It has nowhere been mentioned that the petitioner was involved in accepting the money or defrauding the same. After investigation, the police has submitted charge-sheet but in a machenical manner. The petitioner is in custody since 16.02.2022.

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Learned APP has opposed the prayer for bail, submiting that the petitioner and co-accused persons fled away with huge amount of money from a larger number of investors and the petitioner actively helped them in the crime.

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Having regard to the submissions made hereinabove and considering the fact that the allegation of defrauding the investors are against co-accused Shalini Jain and Sarvesh Jain and nothing substantial has come up against this petitioner during the investigation, as appears from the case diary and further considering the period of custody, the petitioner above named is directed to be released on bail on

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Patna High Court CR. MISC. No.24507 of 2022(3) dt.29-06-2022 3/3

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furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Nawada P.S. Case No. 1148 of 2021, subject to the following conditions :

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(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

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(ii) One of the bailors will be a close relative of the petitioner.

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(iii) The petitioner will remain present on each and every date fixed by the court below.

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(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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However, the learned court below is directed to expediete the proceeding and frame the charge at the earliest.

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(Arun Kumar Jha, J)

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V.K.Pandey/-

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U T

Subham Jain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Subham Jain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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