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Shashi Bhushan Prasad Vs the State of Bihar — Cheating and Forgery | Patna HC (2024)

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Patna HC
2024
Shashi Bhushan Prasad Vs the State of BiharShashi Bhushan Prasad v. the State of Bihar

Allowed¶24

Shashi Bhushan Prasad v. the State of Bihar

Patna HC22 Aug 2024CR. APP (SJ)/5564/2023

Case brief

AI extract

What is this about?

Patna High Court CR. APP (SJ) No.5564 of 2023 (dt. 22-08-2024), Prabhat Kumar Singh, J — Shashi Bhushan Prasad v. State of Bihar & Anr.; anticipatory bail granted; rejection by Addl. District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur in ABP No. 2730/2023 set aside; Sultanganj P.S. Case No. 467/2023; Sections 419, 420, 467, 468, 471/34 IPC; Sections 3(i)(r) SC/ST Act; appellant only identifier in sale deed; FIR silent on public witnesses; bail Rs. 10,000 with two like sureties; surrender/arrest within six weeks.

What did the court decide?

Anticipatory bail granted to the appellant conditional on arrest/surrender within six weeks, on bail-bonds of Rs. 10,000/- with two sureties of the like amount each, satisfaction of the Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur; the impugned order dated 02.11.2023 set aside.

Why is it important?

Considering the aforesaid facts, the appellant is to be enlarged on bail, in the event of his arrest or surrender within a period of six weeks, on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur. ¶21

What the court decided

AI extract

Outcome

Anticipatory bail granted to the appellant conditional on arrest/surrender within six weeks, on bail-bonds of Rs. 10,000/- with two sureties of the like amount each, satisfaction of the Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur; the impugned order dated 02.11.2023 set aside.

Issue for consideration

Whether the appellant, whose anticipatory-bail prayer was rejected by the Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur, is entitled to be enlarged on bail in connection with Sultanganj P.S. Case No. 467 of 2023. +1 more

Court's answer

Considering the aforesaid facts, the appellant is to be enlarged on bail, in the event of his arrest or surrender within a period of six weeks, on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur.

Ratio / Principle

The impugned order dated 02.11.2023 rejecting anticipatory bail is set aside and the criminal appeal is allowed.

Detailed headnote1 paragraphs

Anticipatory bail — appeal allowed; rejection set aside. Appellant (alleged identifier in a fraudulent land sale by Santosh Kumar to the informant; offences of Sultanganj P.S. Case No. 467 of 2023 under Sections 419, 420, 467, 468, 471/34 IPC and Sections 3(i)(r) SC/ST Act after alleged caste-name abuse on 02.08.2023) sought anticipatory bail; the Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur rejected the prayer on 02.11.2023. Counsel urged innocence, no money taken, and that the FIR's silence on public witnesses defeats the SC/ST Act offence. Considering the facts, this court ordered that the appellant, on arrest/surrender within six weeks, be enlarged on bail on bonds of Rs. 10,000/- with two like sureties; the order dated 02.11.2023 was set aside and the appeal allowed.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5564 of 2023

Arising Out of PS. Case No.-467 Year-2023 Thana- SULTANGANJ District- Bhagalpur

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

Shashi Bhushan Prasad Son Of Bhola Mandal Resident Of Village - N.H. 80, Near Durga Mandir, Tilakpur, P.S. - Sultanganj, District - Bhagalpur

... ... Appellant/s

Versus

The State Of Bihar

Khagendra Paswan Son Of Late Bhaskar Paswan Resident Of Village - Maheshi, P.O. - Tilakpur, P.S. - Sultanganj, District - Bhagalpur

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Ranjan Kumar Jha, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 22-08-2024

Despite personal service of notice, by learned Spl. Public Prosecutor for the State, nobody appears on behalf of the respondent No. 2.

Heard learned counsel for the appellant and learned Spl. Public Prosecutor for the State.

This criminal appeal has been filed against the order dated 02.11.2023 passed by learned Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur in ABP No. 2730/2023 in connection with Sultanganj P.S. Case No. 467 of 2023, registered under Sections 419, 420, 467, 468, 471/34 of the Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of

Patna High Court CR. APP (SJ) No.5564 of 2023(3) dt.22-08-2024 2/3

Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.

As per the prosecution case, one Santosh Kumar fraudulently sold land to informant and appellant was identifier in the said sale deed. It is further alleged that on 02.08.2023 when informant and others went to the house of Santosh Kumar and demand the money back, all the accused persons abused him by caste name.

Learned counsel for the appellant submits that appellant is innocent and has falsely been implicated in the present case. Appellant is only alleged to be the identifier in the sale deed and he has not taken any money from informant. Appellant is neither vendor nor beneficiary of transaction. F.I.R. is silent about who, member of the public, was present when the alleged incident occurred, as such, no offence under SC/ST Act is made out.

Learned Spl. Public Prosecutor for the State vehemently opposed the bail application.

Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional

Patna High Court CR. APP (SJ) No.5564 of 2023(3) dt.22-08-2024 3/3

District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur in connection with Sultanganj P.S. Case No. 467 of 2023.

Accordingly, the impugned order dated 02.11.2023 is set aside and this criminal appeal is allowed.

(Prabhat Kumar Singh, J)

Navya/-

U T

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the appellant, whose anticipatory-bail prayer was rejected by the Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur, is entitled to be enlarged on bail in connection with Sultanganj P.S. Case No. 467 of 2023.¶17
The court held
Considering the aforesaid facts, the appellant is to be enlarged on bail, in the event of his arrest or surrender within a period of six weeks, on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur.ratio¶21
2.
Whether the alleged acts attract the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — raised by counsel on the contention that the FIR is silent on members of the public present and that the appellant was merely an identifier who took no money; the court did not expressly adjudicate this contention.low confidence¶19

Statutes considered

6 provisions across 2 enactments

AI extract

Indian Penal Code419¶15 420¶15 467¶15 468¶15 471/34¶15
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act3(i)(r)¶15

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 02.11.2023 of the learned Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur in ABP No. 2730/2023 (in connection with Sultanganj P.S. Case No. 467 of 2023) rejecting the appellant's prayer for anticipatory bail.¶15
Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur · 02.11.2023
Prior proceeding
Registration of Sultanganj P.S. Case No. 467 of 2023 under Sections 419, 420, 467, 468, 471/34 IPC and Sections 3(i)(r) of the SC/ST (Prevention of Atrocities) Act.¶15
Prior proceeding
Prosecution case: Santosh Kumar fraudulently sold land to the informant and the appellant was identifier in the said sale deed.¶18
Prior proceeding
Alleged incident of 02.08.2023: when the informant and others demanded money back at Santosh Kumar's house, all the accused persons abused him by caste name.¶18
Prior proceeding
Trial court rejected the appellant's prayer for anticipatory bail, prompting this criminal appeal.¶17

Parties & counsel

AI extract

appellant
Shashi Bhushan Prasad¶4
Ranjan Kumar Jha
respondent
The State Of Bihar¶7
Sadanand Paswan
respondent
Khagendra Paswan¶8

Coram

AI extract

Prabhat Kumar Singhauthor¶11

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 22 Aug 2024 · August
Registered: 26 Dec 2023
Case no.: CR. APP (SJ)/5564/2023
CNR: BRHC011207632023
Topic: Cheating and Forgery
Bench: Prabhat Kumar Singh
Disposal: ALLOWED
Case type: CRIMINAL APPEAL (SJ)

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Cite this judgement

Shashi Bhushan Prasad v. the State of Bihar, CR. APP (SJ)/5564/2023 (PAT), decided on 22 August 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes6

Indian Penal Code419 · 420 · 467 · 468 · 471/34
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act3(i)(r)

View all statutes

Procedural history5

Order dated 02.11.2023 of the learned Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur in ABP No. 2730/2023 (in connection with Sultanganj P.S. Case No. 467 of 2023) rejecting the appellant's prayer for anticipatory bail.Additional District & Sessions Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur · 02.11.2023
Registration of Sultanganj P.S. Case No. 467 of 2023 under Sections 419, 420, 467, 468, 471/34 IPC and Sections 3(i)(r) of the SC/ST (Prevention of Atrocities) Act.
Prosecution case: Santosh Kumar fraudulently sold land to the informant and the appellant was identifier in the said sale deed.

View full history

Bench / Coram

Prabhat Kumar Singh

Parties & counsel