This order grants anticipatory bail to the petitioner in a prosecution case alleging cheating and criminal breach of trust regarding wheat and rice sales. The court fixed a bond and listed sureties, adhering to statutory conditions.
Petitioner released on bail upon arrest/surrender within six weeks; bond of Rs. 25,000 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.10720 of 2023
Arising Out of PS. Case No.-125 Year-2022 Thana- CHARPOKHARI District- Bhojpur
======================================================
MINA KUNWAR W/O LATE UMESH SINGH Resident of Village- Babu Band, P.S.- Charpokhri, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 24-04-2023
Heard learned counsel for the petitioner and
learned A.P.P. for the State.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 406 & 420 of the Indian Penal Code.
The allegation against the petitioner is that she being a P.D.S. dealer is said to have sold 104.77 quintals of wheat and 188.20 quintals of rice in black market.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case due to nonfulfillment of demand of graft made by the authority concerned. It is further submitted that the petitioner has 130 ration card holders and none of them made allegation against
Patna High Court CR. MISC. No.10720 of 2023(2) dt.24-04-2023 2/2
her. The P.D.S. licence of the petitioner has already been cancelled by the authority. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her 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 Charpokhri P.S. Case No. 125 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
1 issue framed by the court
Whether the petitioner should be released on anticipatory bail in the event of arrest in a case under Sections 406 and 420 IPC.
1 provisions across 1 enactments
Mina Kunwar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
