The Patna High Court considered a petition for anticipatory bail regarding an offence of cheating and forgery. The court rejected the prayer for bail, directing the petitioner to surrender before the lower court.
Prayer for anticipatory bail rejected; direction to surrender before the learned Court below.
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.57420 of 2022
Arising Out of PS. Case No.-59 Year-2022 Thana- HABIBPUR District- Bhagalpur
======================================================
MD. IMRAN ZAKI @ BANTY Son of Md. Zaki Ahmad Resident of Village - Chambelichak, Police Station- Habibpur, District - Bhagalpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar For the Opposite Party/s : Mr.Tarun Prasad Mandal ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 20-12-2022
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code pending in the learned Court below.
Allegation against the petitioner is that he has sold the Airtel SIM on the basis of forged documents.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the said SIM is not activated by the
Patna High Court CR. MISC. No.57420 of 2022(2) dt.20-12-2022 2/2
company and petitioner is a retailer of the Airtel Company. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner are serious in nature, hence he does not deserve anticipatory bail.
Considering the facts and circumstances of the case, I am not inclined the enlarge the petitioner on bail in connection with Habibpur P.S. Case No.59/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.
The petitioner is directed to surrender before the learned Court below, the same shall be considered by the learned Court below on the same day without being prejudiced by this order considering the fact that there is no specific overt act against the petitioner.
ajay/-
U T
(Anjani Kumar Sharan, J)
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving offence under Sections 420, 467, 468 and 471 of the Indian Penal Code.
Whether the petitioner can rely on the submission that there is no specific overt act against him to grant anticipatory bail
Md. Imran Zaki @ Banty
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
