Gaurav Kumar Vs the State of Bihar — Cheating and Forgery | Patna HC (2024)

Gaurav Kumar Vs the State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: appellant to be enlarged on bail, in the event of arrest/surrender within eight weeks from receipt/production of a copy of the order, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional District & Sessions Judge XVII-cum-Exclusive Special Judge, SC/ST, Rohtas at Sasaram, in connection with SC/ST Dehri P.S. Case No. 78/2023; impugned order dated 06.01.2024 set aside with respect to appellant only

Issue for consideration

Whether the appeal filed to set aside the order dated 06.01.2024 rejecting the appellant's prayer for anticipatory bail should be allowed and the appellant enlarged on bail in connection with SC/ST Dehri P.S. Case No. 78/2023 +1 more

Court's answer

Considering the aforesaid facts and circumstances of the case, the appeal is allowed

Ratio / Principle

The impugned order dated 06.01.2024 passed by the learned Additional District & Sessions Judge XVII-cum-Exclusive Special Judge, SC/ST, Rohtas at Sasaram in connection with SC/ST Dehri P.S. Case No. 78/2023 is hereby set aside with respect to this appellant only

Key takeaways

In the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, the appellant is to 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 the learned Additional District & Sessions Judge XVII-cum-Exclusive Special Judge, SC/ST, Rohtas at Sasaram, in connection with SC/ST Dehri P.S. Case No. 78/2023ratio¶24

Detailed headnote1 paragraphs

Patna High Court, Criminal Appeal (SJ) No. 413 of 2024, decided 11-07-2024 by Prabhat Kumar Singh, J (oral order). Appeal against rejection of anticipatory bail: appellant Gaurav Kumar was facing cognizance under IPC sections 341, 323, 420, 406, 504/506 and SC/ST (POA) Act sections 3(i)(r)(s), 3(2)(va) in SC/ST Dehri P.S. Case No. 78/2023 (District Rohtas). Prosecution alleged the appellant took building material worth Rs. 1,10,260/- from informant Amit Ram and, on 08.10.2023, abused him by taking caste name and attempted to assault him with a lathi when he came to recover his dues. Counsel for the appellant contended the parties are co-villagers, the informant (a contractor for the appellant's house, the work left unfinished by his brother) had lodged a false case, no member of the public was present at the incident, and the appellant had no criminal antecedent; the Spl. P.P. and the informant's counsel opposed bail. Considering the facts and circumstances, the Court allowed the appeal, set aside the order dated 06.01.2024 of the Additional District & Sessions Judge XVII-cum-Exclusive Special Judge, SC/ST, Rohtas at Sasaram with respect to this appellant only, and directed that in the event of arrest/surrender within eight weeks from receipt/production of a copy of the order the appellant be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the said Judge.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.413 of 2024

Arising Out of PS. Case No.-78 Year-2023 Thana- SC/ST District- Rohtas

======================================================

Gaurav Kumar S/O- Late Umakant Chandravanshi R/O- Village- Subhash Nagar, P.S.- Dihri Town, Dist.- Rohtas At Sasaram.

... ... Appellant/s

Versus

The State Of Bihar

Amit Ram S/O- Late Indradeo Ram R/O- Village- Subhash Nagar, P.S.Dihri Town, Dist.- Rohtas At Sasaram.

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mrs. Mukul Kumari For the Respondent/s : Mr. Sadanand Paswan For the Informant : Mr. Chhotelal Mishra ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 11-07-2024

Heard learned counsel appearing for the appellant and

learned Special Public Prosecutor appearing for the respondentState.

This appeal has been filed for setting aside order dated 06.01.2024 passed by the Additional District & Sessions Judge XVII-cum-Exclusive Special Judge, SC/ST, Rohtas at Sasaram in a case wherein cognizance has been taken for the offence punishable under sections 341, 323, 420, 406, 504/506 of the Indian Penal Code and sections 3(i)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (POA) Act, whereby the prayer for anticipatory bail of the appellant has been

Patna High Court CR. APP (SJ) No.413 of 2024(4) dt.11-07-2024 2/3

rejected.

As per prosecution case, it is alleged that the accused-appellant has taken building material worth Rs. 1,10,260/- from the informant. On 08.10.2023, when the informant went to the house of appellant for taking his due amount then the appellant abused him by taking caste name and also tried to assault the informant by lathi then he fled away from the place of occurrence.

It is submitted by learned counsel appearing on behalf of the appellant submits that both the parties are covillagers. It is further alleged that the informant is a contractor and has taken contract to build the house of the appellant but the same was not been completed by the brother of the informant. When the appellant used to ask him to complete the same this false and concocted has is lodged by the informant. It is further submitted that it is not the case of the prosecution that there was any member of public at the time of incidence, hence, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against this appellant. Appellant has no criminal antecedent.

Learned Spl. P.P. appearing for the respondent-State and learned counsel appearing on behalf of the informant/

Patna High Court CR. APP (SJ) No.413 of 2024(4) dt.11-07-2024 3/3

Respondent No. 2 have vehemently opposed the prayer for grant of bail to the appellant.

Considering the aforesaid facts and circumstances of the case, this appeal is allowed and the impugned order dated 06.01.2024 passed by the learned Additional District & Sessions Judge XVII-cum-Exclusive Special Judge, SC/ST, Rohtas at Sasaram in connection with SC/ST Dehri P.S. Case No. 78/2023 is hereby set aside with respect to this appellant only.

Accordingly, let the appellant, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, 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 the learned Additional District & Sessions Judge XVII-cumExclusive Special Judge, SC/ST, Rohtas at Sasaram in connection with SC/ST Dehri P.S. Case No. 78/2023.

(Prabhat Kumar Singh, J)

Ranjeet/-

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