Allowed

Shri Anil Baitha @ Anil Kumar Baitha @ Anil Baitha @ Anil Chaudhary v. the CBI Office of the Head of Branch Special Crime Branch, Dr. S.K. Singh Path, Bailey Road.

Patna HC7 Nov 2023CR. MISC./13643/2023

Case brief

AI extract

What is this about?

Hon'ble Justice Sunil Kumar Panwar allowed the petitioner's bail application filed in connection with a CBI case involving offences under IPC Sections 120(B), 420, and 193, releasing him on personal bonds with sureties.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs. 10,000 each with two sureties of like amount.

Shri Anil Baitha @ Anil Kumar Baitha @ Anil Baitha @ Anil… — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13643 of 2023

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Arising Out of PS. Case No.-3 Year-2021 Thana- C.B.I CASE District- Patna

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

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Shri Anil Baitha @ Anil Kumar Baitha @ Anil Baitha @ Anil Chaudhary S/O Jaleshwar Baitha Resident Of Village- Gopalpur, P.S.- Vaishali, DistrictVaishali.

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... ... Petitioner/s

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Versus

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The CBI Office of The Head Of Branch Special Crime Branch, Dr. S.K. Singh Path, Bailey Road. Patna 800022, Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Raj Krishna Jha For the Opposite Party/s : Mr.Nivedita Nirvikar ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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3 07-11-2023

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Heard learned counsel for the petitioner and

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learned counsel appearing on behalf of the C.B.I.

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The petitioner is languishing in custody in a

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case registered for the offences punishable under Sections 120(B), 420, 193 of the Indian Penal Code.

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It is alleged against the petitioner that this

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petitioner in conspiracy with his father Jaleshwar Baitha had secured bail from lower court and this Hon’ble Court by deliberately and concealing his criminal antecedent.

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It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

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Patna High Court CR. MISC. No.13643 of 2023(3) dt.07-11-2023 2/3

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been implicated in this case. As per the contention mentioned in the F.I.R, hardly a case under Section 193 I.P.C is made out which is bailable in nature and Section 420 I.P.C is not at all applicable in this case as it has been made for dishonest intention and the person was cheated after making inducement and the ingredients of Section 120 I.P.C is not applicable because there is no evidence with regard to pre-meeting of mind. The charge-sheet has already been submitted against the petitioner. It is further submitted that petitioner was in custody at the time of filing of bail application before this Hon’ble Court and the petitioner was not aware with this fact that in paragraph No. 3 of the bail petition, it has been mentioned that he has got no criminal antecedent and without playing any role, he has been made accused

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in this case. The petitioner is languishing in custody since 03.09.2022.

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In contra, learned counsel appearing on behalf of the C.B.I has vehemently opposed the prayer for bail

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Patna High Court CR. MISC. No.13643 of 2023(3) dt.07-11-2023 3/3

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of the petitioner.

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Considering the facts aforesaid and the period

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under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Magistrate, C.B.I, Patna in connection with C.B.I Case No. RC3(A)/2021, CIS No. 08/2021.

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(Sunil Kumar Panwar, J)

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Shageer/-

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U T

Shri Anil Baitha @ Anil Kumar Baitha @ Anil Baitha @ Anil Chaudhary v. the CBI Office of the Head of Branch Special Crime Branch, Dr. S.K. Singh Path, Bailey Road.

Case brief

What is this about?

What did the court decide?

Shri Anil Baitha @ Anil Kumar Baitha @ Anil Baitha @ Anil Chaudhary v. the CBI Office of the Head of Branch Special Crime Branch, Dr. S.K. Singh Path, Bailey Road.

Case brief

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What did the court decide?

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