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Awanish Kumar v. The State of Bihar

Patna HC12 Mar 2024CR. MISC./13910/2024

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; Section 438 Cr.P.C.; Sections 406/420/409/34 IPC; cheating; facilitation fee; refund via SBI Demand Draft; Nazarat; bail bond Rs. 10,000; fortnightly police-station reporting; Patna High Court; Justice Rajiv Roy; CR. MISC. No. 13910 of 2024; decided 12-03-2024; Awanish Kumar v. The State of Bihar; Chhatauni P.S. Case No. 442 of 2023; East Champaran / Motihari; informant Niraj Kumar.

What did the court decide?

Anticipatory bail under Section 438 Cr.P.C. granted, conditioned on payment of Rs. 18,000/- by local SBI Demand Draft submitted to the trial Court to be handed to the informant after checking credentials; release on bail on furnishing bond of Rs. 10,000/- with two sureties of like amount to the satisfaction of CJM, Motihari, East Champaran, subject to Section 438(2) Cr.P.C. and additional conditions.

Awanish Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Chhatauni P.S. Case No. 442 of 2023 under Sections 406, 420, 409, 34 IPC, is entitled to anticipatory bail under Section 438 Cr.P.C., subject to refund of Rs. 18,000/- to the informant.

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Court's answer

Anticipatory bail extended to the petitioner, conditional on payment of Rs. 18,000/- by Demand Draft of the local State Bank of India branch, to be submitted to the trial Court and handed over to the informant after checking credentials.

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Ratio / Principle

Petitioner to be released on bail in the event of arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, subject to Section 438(2) Cr.P.C. conditions.

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Key takeaways

Additional bail conditions imposed: one bailor to be a family member with official bona fide document; appearance on every trial-court date (two consecutive unexplained absences entail cancellation); co-operation with investigation; fortnightly appearance at the concerned police station for six months; no inducement, threat or tampering with witnesses or evidence; desistance from further offences, failing which the State may seek cancellation of bail bonds.ratio¶29

Detailed headnote1 paragraphs

Anticipatory bail (S.438 Cr.P.C.) granted to Awanish Kumar in Chhatauni P.S. Case No. 442 of 2023 (Ss. 406, 420, 409, 34 IPC) by the Patna High Court (Rajiv Roy, J.) on 12-03-2024. Informant Niraj Kumar alleged that while seeking to deposit Rs. 40,50,000/- obtained under a sale-deed, he was routed through Abhisekh Kumar to the petitioner, who allegedly demanded Rs. 25,000/- as facilitation fee of which Rs. 18,000/- was paid; Dhiraj Kumar allegedly demanded Rs. 1,50,000/- for security before police interception. Noting the absence of criminal antecedents and the petitioner's undertaking, the Court extended anticipatory bail conditional on payment of Rs. 18,000/- by Demand Draft of the local State Bank of India branch to be submitted before the trial Court/Nazarat and handed to the informant after checking credentials. Release ordered on furnishing bail bond of Rs. 10,000/- with two sureties of like amount to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, subject to Section 438(2) Cr.P.C. conditions, with further conditions including a family-member bailor with bona fide proof, presence on every trial-court date (two consecutive unexplained absences entailing cancellation), co-operation with investigation, fortnightly police-station attendance for six months, and abstention from inducing, threatening or tampering with witnesses or evidence.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13910 of 2024

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Arising Out of PS. Case No.-442 Year-2023 Thana- CHHATAUNI District- East Champaran

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

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Awanish Kumar S/O Wakil Singh VILLAGE- DHRUV PAKADI, PS.KALYANPUR, DIST. EAST CHAMPARAN.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mrs. Rashmi Jha, Advocate For the Opposite Party/s : Ms.Sharda Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 12-03-2024

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Heard Mrs. Rashmi Jha, learned counsel for the petitioner and the State.

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The petitioner is apprehending arrest in connection with Chhatauni P.S. Case No. 442 of 2023 instituted under Sections 406, 420, 409, 34 of the Indian Penal Code lodged on 13.9.2023 by the informant, Niraj Kumar.

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As per the prosecution story, the informant alleged that after executing a sale-deed, he had Rs. 40,50,000/- with him, wanted to deposit it in some Bank, contacted one Abhisekh Kumar who asked him to go to this petitioner. The petitioner, thereafter, demanded Rs. 25,000/- as facilitation fee for which Rs. 18,000/- was paid through Pay-Phone. However, no effort was taken by him as the informant went to the Axis Bank, Motihari but as it was 5:00 PM, the same could not be

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Patna High Court CR. MISC. No.13910 of 2024(2) dt.12-03-2024 2/4

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deposited. He came out and talked to Abhisekh Kumar who made him talk to Dhiraj Kumar who in turn, he demanded Rs. 1,50,000/- for providing him security. He was later forced to ride a motorcycle but to his fortune, the police intercepted them whereafter, the accused fled away. He had strong suspicion that this was done by Abhisekh Kumar, Awanish Kumar (the petitioner herein) and others. Accordingly, the FIR.

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Learned counsel for the petitioner submits it was only due to confusion, this FIR has been lodged. As a facilitation fee, he had taken Rs. 18,000/- but since there was delay in reaching the Bank, to ensure that he safely reaches home along with the money, he asked his associates to take him home. However, he was under suspicion that they planned to loot and accordingly, the FIR.

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His further submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to return Rs. 18,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of the concerned Court to be handed over to the informant after checking the credential.

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Learned APP opposes the prayer stating that they wanted to grab the money which the informant had.

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Patna High Court CR. MISC. No.13910 of 2024(2) dt.12-03-2024 3/4

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Considering the submission put forward by the parties as also the fact that FIR has been lodged, the petitioner do not have criminal antecedent, he is ready to pay Rs. 18,000/-, this Court is inclined to extend him privilege of anticipatory bail subject to payment of Rs. 18,000/- as undertaken by the learned counsel for the petitioner(s) to be paid by Demand Draft of local SBI and to be submitted to the trial Court which in turn shall be handed over to the informant after checking credentials.

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Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Chhatauni P.S. Case No. 442 of 2023 to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

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(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

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Patna High Court CR. MISC. No.13910 of 2024(2) dt.12-03-2024 4/4

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dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iii) the petitioner shall co-operate in the investigation

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and make himself available to the police as and when required;

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(iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

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(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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Ravi/-

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U T

Awanish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Awanish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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