Allowed¶18

Rohit Kumar v. The State of Bihar

Patna HC6 Sept 2024CR. MISC./50970/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted; forged e-court fees; lawful loss to government revenue; Gopalganj Town P.S. Case No. 308 of 2024; Sections 420, 467, 468, 471/34 IPC; Section 438(2) Cr.P.C.; Section 482(2) BNSS; confessional statement of co-accused Ashok Sahani; co-accused Naveen Chandra Singh (practicing advocate, Gopalganj Civil Court); petitioner Rohit Kumar s/o Ashok Sahni; Patna High Court CR. MISC. No.50970 of 2024; oral order dated 06-09-2024; Justice Chandra Shekhar Jha.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender before the court below within four weeks, furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, subject to conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS.

Rohit 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 anticipatory bail should be granted to petitioner Rohit Kumar, named in the F.I.R. of Gopalganj Town P.S. Case No. 308 of 2024 (offences punishable under Sections 420, 467, 468, 471/34 IPC), who apprehends arrest.

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Court's answer

The court found that the petitioner's implication prima facie appears on the basis of suspicion, the entire incriminating material having been recovered from the house/chamber of co-accused Naveen Chandra Singh.

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Ratio / Principle

Anticipatory bail granted: in the event of arrest or surrender before the court below within four weeks, the petitioner is directed to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each.

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Key takeaways

Bail is to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj (where Gopalganj Town P.S. Case No. 308 of 2024 is pending), subject to the conditions laid down under Section 438(2) Cr.P.C. / Section 482(2) BNSS.ratio¶18

Detailed headnote1 paragraphs

Patna High Court (Chandra Shekhar Jha, J), CRIMINAL MISCELLANEOUS No.50970 of 2024, order dt. 06-09-2024: grants anticipatory bail to Rohit Kumar, named in the F.I.R. of Gopalganj Town P.S. Case No. 308 of 2024 (Sections 420, 467, 468, 471/34 IPC), arising from the alleged sale of forged e-court fees causing lawful loss to government revenue. Finding the petitioner's implication prima facie based on suspicion — the entire incriminating material having been recovered from the house/chamber of co-accused Naveen Chandra Singh, a practicing advocate of Gopalganj Civil Court — the court directed his release on bail upon arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, subject to the conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50970 of 2024

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Arising Out of PS. Case No.-308 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj

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

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Rohit Kumar SON OF ASHOK SAHNI Resident of village- Kaithwaliya, Ward No 08, PS- and district -Gopalganj

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 06-09-2024

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Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

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2.The accused/petitioner is named in

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the F.I.R. and apprehending his arrest in connection with Gopalganj Town P.S. Case No. 308 of 2024 registered for the offences punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

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The allegation against petitioner is to involve in selling of forged e-court fees along with other co-accused persons and thus by

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caused a lawful loss to government revenue.

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It is submitted by learned counsel

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Patna High Court CR. MISC. No.50970 of 2024(2) dt.06-09-2024 2/4

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appearing on behalf of the petitioner that the name of this petitioner surfaced during course of investigation on the basis of confessional statement of co-accused, Ashok Sahani who is

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none but father of this petitioner. It is pointed out that entire incriminating materials surfaced/recovered from the house/chamber of the co-accused, namely, Naveen Chandra Singh, who is a practicing advocate of Gopalganj Civil Court. It is also pointed out that on the basis of confessional statement of coaccused, namely, Ashok Sahani, no incriminating materials recovered during the course of investigation, as to convict prima facie this petitioner with crime in question. It is submitted that merely on the basis of suspicion as petitioner was the son of a vendor who works with the main co-accused, Naveen Chandra Singh, he was implicated with the present case. The petitioner is involved in one more criminal case where he is on bail.

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Patna High Court CR. MISC. No.50970 of 2024(2) dt.06-09-2024 3/4

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5 Learned APP for the State has opposed the prayer of anticipatory bail.

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In view of the aforesaid facts and circumstances as implication of this petitioner prima facie appears on the basis of suspicion where the entire incriminating materials recovered from the house/chamber of coaccused Naveen Chandra Singh, accordingly, petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, where the case is pending in connection with Gopalganj Town P.S. Case No. 308 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.

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Patna High Court CR. MISC. No.50970 of 2024(2) dt.06-09-2024 4/4

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(Chandra Shekhar Jha, J)

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Neha/-

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U T

Rohit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rohit 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

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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