The High Court of Patna granted anticipatory bail to the petitioner who was apprehending arrest in a cheating case. The court allowed the petitioner to surrender within six weeks and furnish a bond.
Anticipatory bail granted contingent on surrender within six weeks and furnishing a bail bond of Rs. 20,000 with two sureties.
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.39326 of 2022
Arising Out of PS. Case No.-258 Year-2021 Thana- MOTIPUR District- Muzaffarpur
======================================================
ALOK KUMAR SINGH S/O BIRENDRA KUMAR SINGH Resident of Village- Gohpur Bajrahiya, P.S.- Maharajganj, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raju Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
5 19-01-2023
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable u/s 419 and 420 of the Indian Penal Code.
As per the prosecution case, the petitioner was running a Micro Finance Company and was taking advance money of Rs. 1356/- from each person for providing loan. During the course of the inquiry 2-3 persons with company’s banner fled away from there on motorcycle. On being asked, the employees who were deputed on counter, namely Pankaj Kumar, Aman Kumar and Anoj Kumar disclosed that they were appointed on daily wage of Rs. 1000/-. On demand of return of
Patna High Court CR. MISC. No.39326 of 2022(5) dt.19-01-2023 2/2
money, the Finance Company had already returned to all 28 women of Rs. 1356/- each.
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He has submitted that the money which was collected for providing loan was returned to the said 28 women. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.
Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Muzzafarpur in connection with Motipur P.S. Case No. 258 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This application stands allowed.
(Chandra Prakash Singh, J)
guddukr/- U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case under sections 419 and 420 of the Indian Penal Code.
1 provisions across 1 enactments
AlOK kumar Singh
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
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