Petitioner sought anticipatory bail in a cheating case. Court rejected the prayer considering the nature of offence. Petitioner directed to surrender for regular bail consideration within six weeks.
Anticipatory bail rejected. Petitioner directed to surrender within six weeks for regular bail consideration.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1559 of 2023
Arising Out of PS. Case No.-158 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura
======================================================
Pravesh Mahto Son Of Naresh Mahto R/O Village- Mohbbatpur, P.S.Shekhopur Sarai, District- Sheikhpura
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Dr. Anjani Pd. Singh For the Opposite Party/s : Mr.Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 02-05-2023
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 419, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.
As per FIR, various mobiles, ATM cards of different banks have been recovered from the place of occurrence which is alleged to be used in crime of cheating and forgery to innocent persons.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to suspicion. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the apprehended person disclosed the name of the
Patna High Court CR. MISC. No.1559 of 2023(2) dt.02-05-2023 2/2
petitioner. He submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for
bail.
Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Shekhopura Sarai P.S. Case No. 158 of 2022.
However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that petitioner has no criminal antecedent.
(Anjani Kumar Sharan, J)
devendra/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a cheating and forgery case.
Whether the petitioner should be allowed to surrender for consideration of regular bail.
Pravesh Mahto
THE STATE OF BIHAR
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
