In an anticipatory bail petition under Section 438 CrPC in a cheating case, the High Court of Patna directed the petitioner to surrender within six weeks to be enlarged on bail upon furnishing a bond and sureties.
Petitioner directed to surrender within six weeks and enlarge on bail upon furnishing bond of Rs. 10,000/- with two sureties of like amount.
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.3116 of 2023
Arising Out of PS. Case No.-732 Year-2021 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad
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UPENDRA RAM S/O Ramvrit Paswan R/O Village- Badhadabar, Naur P.SNavinagar, District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Aman Vishal For the Opposite Party/s : Mr.Anant Kumar 1
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
The petitioner apprehends his arrest in a case registered for the offence under Section 420 of the Indian Penal Code.
It is alleged that this petitioner, who was Branch Manager of Rainbow Multi State Credit Cooperative Society Limited, Japla (for short “Company”), cheated the complainant and misappropriated his Rs. 75,000/-.
It is submitted on behalf of petitioner that at the relevant time, petitioner was an agent of the Branch Manager of the Company and it was Director, who fled away with the amount of the complainant. Petitioner has neither misappropriated nor deposited the alleged money of complainant in the account of Company. In fact, it is the
Patna High Court CR. MISC. No.3116 of 2023(5) dt.11-07-2023 2/2
complainant, who deposited the amount under his own name / agent code and not with the petitioner. Petitioner has got clean antecedent.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - I, Aurangabad (Bihar) in connection with Complaint Case No. 732 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
anay/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a cheating case.
Whether sufficient grounds exist to prevent the petitioner's arrest before the hearing date.
2 provisions across 2 enactments
Upendra Ram
The State of Bihar
Dinesh Upadhyay
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
