The Patna High Court granted anticipatory bail to the petitioner, a person apprehending arrest in an alleged cheating and forgery case. The court ordered his release upon bail bond and sureties if arrested within six weeks, subject to standard conditions.
Release on bail on furnishing bond of Rs. 25,000 with two sureties if arrested 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.10476 of 2023
Arising Out of PS. Case No.-168 Year-2013 Thana- DHARHARA District- Munger
======================================================
RAM BILASH RAM Son of Late Ram Ratan Ram Resident of- Belthu, P.O.Bethu, P.S.- Shahkund, Bhagalpur-813108
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.V.M.K. Sinha, Adv. Mr.Abhishek Kumar Pandey, Adv. For the Opposite Party/s : Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 04-07-2023
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable u/s 406, 409, 467, 468, 471, 420 and 34 of the IPC.
As per the prosecution case, the F.I.R. named accused persons are involved in committing irregularity and misusing of the amount of Government scheme with regard to construction of road.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R and has been falsely implicated in this case. It is submitted that though the F.I.R. was
Patna High Court CR. MISC. No.10476 of 2023(2) dt.04-07-2023 2/2
lodged in the year, 2013 but the petitioner had no knowledge about this case and as soon as he got knowledge of this case, he filed this application in the year, 2022. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 02.07.2015 passed in Cr. Misc. No.16946 of 2015.
Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dharhara P.S. Case No.168/13, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
pallavi/-
U T
2 issues framed by the court
Whether the petitioner's prayer for anticipatory bail should be granted in a case involving offences under Sections 406, 409, 467, 468, 471, 420 and 34 of the IPC.
How the allegations against the petitioner should be evaluated given that he is not named in the FIR and claims false implication.
1 provisions across 1 enactments
Ram Bilash Ram
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
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