Granting anticipatory bail to petitioners apprehending arrest in a cheating and cheque bounce case, conditioned on cooperation, representation, and absence of concealed antecedents.
Petitioners released on bail on furnishing bond of Rs. 10,000 each with two sureties of like amount upon arrival or arrest within 30 days.
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.15841 of 2023
Arising Out of PS. Case No.-482 Year-2022 Thana- RAXAUL District- East Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Saurav Singh, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP For the Informant : Mr. Bal Govind Sharma, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
5 03-10-2023
Heard learned counsel for the petitioners, learned counsel appearing on behalf of the informant as well as Mr. Atul Chandra, learned APP for the State.
Patna High Court CR. MISC. No.15841 of 2023(5) dt.03-10-2023 2/4
amount.
Patna High Court CR. MISC. No.15841 of 2023(5) dt.03-10-2023 3/4
vehemently opposed the prayer for bail of the petitioners and submits that the petitioners have already been accused in number of cases of the same nature but fairly submits that due to conduct of the co-accused, Ajay Kumar, the petitioners have been implicated in the present case as well as in other cases.
i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to
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move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
3 issues framed by the court
Whether to grant anticipatory bail to the petitioners in a case involving cheating and dishonour of cheques.
Whether the implication of the petitioners merely as relatives of the co-accused warrants release on bail.
What conditions should be imposed for the grant of bail.
3 provisions across 3 enactments
Sheo Prashan Das
Rajendra Das
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
