The Patna High Court dismissed an application for anticipatory bail filed by Shiv Shankar. The court held that the petitioner does not deserve enlargement given allegations of fraud involving forged documents and failure to repay loans.
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.47208 of 2021
Arising Out of PS. Case No.-2 Year-2019 Thana- C.B.I CASE District- Patna
======================================================
SHIV SHANKAR S/o LATE MOHAN LAL SINGH R/o WARD No.1, NEAR JAMUNI LAL COLLEGE, HATHSARGANJ, P.S-HAJIPUR TOWN, DISTRICT-VAISHALI.
... ... Petitioner/s Versus THE STATE OF BIHAR THROUGH C.B.I. BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shivjee Singh For the Opposite Party/s : Ms. Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
10 18-01-2023
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Special Case No. 02 of 2021 arising out of RC-02(S)/2019EOW-R registered under Sections 120(B) read with section 420, 467, 468, 471 of I.P.C. and Section 13(1)(a) of the Prevention of Corruption Act.
Submission of learned counsel for the petitioner is that petitioner is quite innocent and has falsely been implicated in the present case.
Learned counsel appearing on behalf of the Central Bureau Investigation vehemently opposed the prayer of the petitioner by contending that petitioner has committed fraud by
Patna High Court CR. MISC. No.47208 of 2021(10) dt.18-01-2023 2/2
taking hefty loan from the bank on the basis of forged and fabricated documents and unable to pay the same. Hence, the petitioner does not deserve to be enlarged on anticipatory bail.
Having considered the facts and circumstances of the case and nature of the allegation as well as the submission advanced on behalf of the opposite party, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of the petitioner is rejected.
(Arvind Srivastava, J)
shailendra/-
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in the present special case.
Shiv Shankar S/o Late Mohan Lal Singh
The State of Bihar through C.B.I. Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
