The High Court of Patna granted anticipatory bail to the petitioner in a prosecution for cheating and criminal conspiracy. The petitioner agreed to surrender within four weeks and furnish bail security.
Anticipatory bail granted for surrender within four weeks on bail bond of Rs. 10,000 with two sureties.
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.46268 of 2021
Arising Out of PS. Case No.-96 Year-2017 Thana- MASHRAK District- Saran
======================================================
Suraj Kumar @ Sonu Son of Awadhesh Singh Resident of Village - Jajauli, P.S.- Mashrakh, Distt.- Saran.
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Gaurav Kumar, Advocate For the Opposite Party : Mr.Bishweshwar Ram, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 25-03-2022
Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Petitioner is apprehending arrest in connection with Mashrakh P.S. Case No. 96 of 2017 for the offences punishable under sections 341, 323, 504, 506, 420, 467, 468 and 120(B) of the Indian Penal Code.
It is the case of cheating and the prosecution case is that the complainant, Sunil Kumar Singh runs a business of Poultry Farm and the co-accused persons including the petitioner came at the said poultry farm and told that Suraj Kumar and Prakash Kumar runs Shatabdi Finance Ltd. Bank and made pressure to take loan for better business. He assured that Rs. 15 lakh will be given as loan and he has to give document of land and Rs. One lakh as security money for
Patna High Court CR. MISC. No.46268 of 2021(2) dt.25-03-2022 2/3
getting such loan with assurance that the said loan will be sanctioned within two months. The informant agreed to take loan in presence of the witnesses and gave papers of land as well as Rs. 1,24,000/- as security money but after elapse of two months the loan amount was not sanctioned. The informant approached the accused persons for refund of the security amount as well as papers of land but they retracted.
Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. He further submits that it is not possible that the informant will entrust huge amount of Rs. 1,24,000/ as security money only on the basis of oral assurance without any enquiry or verification and in this respect no document has been exhibited.
Learned counsel submits that the petitioner has clean antecedent.
Considering the aforesaid, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of 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, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
Patna High Court CR. MISC. No.46268 of 2021(2) dt.25-03-2022 3/3
sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIth, Saran at Chapra, in connection with Mashrakh P.S. Case No. 96 of 2017 subject to the condition as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
Ravi/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in PS Case No. 96 of 2017.
Whether the petitioner, facing charges of cheating under various IPC sections, satisfies the conditions for bail.
1 provisions across 1 enactments
Suraj Kumar @ Sonu
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
