Allowed¶18

Saurabh Kumar @ Matal @ Matol v. the State of Bihar

Patna HC1 May 2024CR. MISC./24079/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) CrPC; Sections 420, 467, 468, 414/34 IPC; cheating; forgery; stolen motorcycles; co-accused disclosure/confession; clean antecedents; student; Surajgarha P.S. Case No. 344 of 2023; Lakhisarai; Bihar; Patna High Court; CR. MISC. No.24079 of 2024; bail bond Rs. 10,000 with two sureties.

What did the court decide?

Anticipatory bail: release on bail in the event of arrest or surrender within eight weeks, on bail bond of Rs. 10,000 with two sureties of like amount each, to the satisfaction of the Chief Judicial Magistrate, Lakhisarai/concerned court, subject to Section 438(2) CrPC conditions and additional conditions (one bailor a close relative; attendance on trial-court dates when required). ¶18

Saurabh Kumar @ Matal @ Matol 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 Surajgarha P.S. Case No. 344 of 2023 (Sections 420, 467, 468, 414/34 IPC), is entitled to anticipatory bail. +1 more

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Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the concerned court within eight weeks, the petitioner shall be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Lakhisarai/concerned court in Surajgarha P.S. Case No. 344 of 2023.

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Ratio / Principle

The bail prayer was allowed having regard to the facts and circumstances, the submissions of the parties, the lack of substantive material against the petitioner, and his clean antecedent and age.

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Key takeaways

Release is subject to the conditions under Section 438(2) CrPC and further conditions: one bailor shall be a close relative of the petitioner, and the petitioner shall remain present on each and every date fixed by the court below, if so required by the learned trial court.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Arun Kumar Jha, J, 01-05-2024) in respect of the petitioner named in FIR Surajgarha P.S. Case No. 344 of 2023 (Distt. Lakhisarai), registered under Sections 420, 467, 468, 414/34 IPC, arising from theft and sale of motorcycles; per counsel, implication rested on the disclosure/confessional statement of a co-accused not on good terms with the petitioner, and a recovered motorcycle did not belong to him. Finding no substantive material against the petitioner and noting his clean antecedent and age, the Court directed that, if arrested or surrendering within eight weeks, he be released on bail of Rs. 10,000 with two like sureties to the satisfaction of the CJM, Lakhisarai/concerned court, subject to Section 438(2) CrPC conditions, one bailor being a close relative, and presence on each trial-court date if required.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24079 of 2024

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Arising Out of PS. Case No.-344 Year-2023 Thana- SURYAGARHA District- Lakhisarai

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

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Saurabh Kumar @ Matal @ Matol S/O Patnu Singh @ Pankaj Singh R/O Village- Mustafapur, P.S- Manikpur, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 01-05-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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In the present case, the petitioner is apprehending his arrest in connection with Surajgarha P.S. Case No. 344 of 2023, registered for the alleged offence under Sections 420, 467, 468, 414/34 of the Indian Penal Code.

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As per prosecution case, on suspicion, two coaccused persons were apprehended and during investigation, the police came to know about these co-accused persons being involved dealing with stolen motorcycles. The apprehended coaccused disclosed the name of this petitioner for being their associate in theft of motorcycle and selling the same.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

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Patna High Court CR. MISC. No.24079 of 2024(2) dt.01-05-2024 2/3

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case. The petitioner has been named in this case on the basis of confessional statement of co-accused, Sintu Kumar, who does not have good relations with the petitioner. The stolen motorcycle was recovered from an orchard but the same does not belong to this petitioner and there is no material on record to show the involvement of the petitioner. The petitioner is having clean antecedent and he is a student writing competitive examinations.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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Having regard to the facts and circumstances and submission made on behalf of the parties and considering the lack of substantive material against the petitioner and further considering his clean antecedent and age, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai/concerned court in connection with Surajgarha P.S. Case No. 344 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal

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Patna High Court CR. MISC. No.24079 of 2024(2) dt.01-05-2024 3/3

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Procedure and other following conditions:

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(i) One of the bailors will be a close relative of

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the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)