The Patna High Court, while hearing a bail application, considered the petitioner's apprehension of arrest in a cheating case. The court, noting the nature of the offence, rejected the plea for anticipatory bail.
Prayer for anticipatory bail is hereby rejected.
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.26010 of 2022
Arising Out of PS. Case No.-76 Year-2022 Thana- DUMRA District- Sitamarhi
======================================================
PANKAJ KUMAR Son of Ram Swarth Singh Resident of village and P.O.Bariyarpur, Ward No.- 6, P.S.- Sitamarhi, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
4 23-03-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471 and 120B/34of the Indian Penal Code pending in the learned court below.
Allegation against the petitioner is that he has taken money from the informant on the pretext of providing job.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is no evidence against the petitioner to support the prosecution case except confessional statement of the co-accused. He submits that neither the petitioner would like to submit that the petitioner has neither
Patna High Court CR. MISC. No.26010 of 2022(4) dt.23-03-2023 2/2
met with the informant nor the informant had paid any money to the petitioner for getting his job. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
Per contra, learned APP for the State vehemently opposing the bail application and submitted that on the confessional statement of the co-accused, he has supported the prosecution case. Hence, he does not deserve anticipatory bail.
Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Dumra P.S. Case No. 76 of 2022. Accordingly, his prayer for anticipatory bail is hereby rejected.
(Anjani Kumar Sharan, J)
ajay/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a case involving cheating and forgery offences.
Pankaj Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
