The Patna High Court granted anticipatory bail to Binod Kumar Shukla, apprehending arrest in a case involving cheating and cognizable offences. The order mandates surrender and bail bond conditions.
Petitioner enlarged on bail on surrender within six weeks, furnishing bond of Rs.25,000 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.5866 of 2023
Arising Out of PS. Case No.-453 Year-2022 Thana- JAGDISHPUR District- Bhagalpur
======================================================
Binod Kumar Shukla @ Vinod Kumar Shukla Son of Rewati Mohan Shukla Resident of Village- Tardiha, P.S.- Jagdishpur, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mrs. Shashi Priya, Advocate For the State : Mr. Syed Mojibur Rahman, APP For the Informant : Mr. Saroj Kumar Sharma, Advocate Ms. Kiran Kumari Sharma, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 23-06-2023 Heard both sides.
The petitioner apprehends his arrest in connection with Jagdishpur P.S. Case No.453 of 2022, registered for the offences punishable under Sections 406, 420, 354, 504 and 506 of the Indian Penal Code.
The brief facts of the case are that the informant has filed FIR alleging that the accused persons in order to chear the informant got prepared Jarbayana on 04.02.2020 and duped Rs.11,09,000/- from the informant. The informant has given the details about the payment made to the accused persons as detailed in the FIR.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.5866 of 2023(3) dt.23-06-2023 2/2
present case. The petitioner has got one criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that the informant has filed this case after about four months of the occurrence. It is also submitted that the dispute between the parties is purely civil in nature. It is submitted that the petitioner is ready to return Rs.5,10,000/- to the informant but the informant has refused to accept such offer.
Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner.
Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Jagdishpur P.S. Case No.453 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in connection with offences under Sections 406, 420, 354, 504 and 506 of the Indian Penal Code.
1 provisions across 1 enactments
Binod Kumar Shukla @ Vinod Kumar Shukla
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
