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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner no. 1 (Chandan Kumar) in the event of arrest or surrender on a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, with acceptance of the bail bond made conditional on verification of his criminal antecedents by the court below and the Superintendent of Police, Patna; the bail petition of petitioner no. 2 (Gopal Prasad) is rejected.

Issue for consideration

Whether petitioner no. 1 (Chandan Kumar), who apprehends arrest in Beur P.S. Case No. 288 of 2023, should be released on bail in the event of his arrest or surrender. +1 more

Court's answer

Petitioner no. 1 (Chandan Kumar) is to be released on bail in the event of his arrest or surrender on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna, in connection with Beur P.S. Case No. 288 of 2023, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

The learned court below shall verify the criminal antecedents of petitioner no. 1 not only from the concerned police station but also from the Superintendent of Police, Patna, and the Superintendent of Police, Patna shall furnish the criminal antecedent of petitioner no. 1.

Key takeaways

The bail bond of petitioner no. 1 shall be accepted only after verification of the records of the police stations of Patna with respect to his criminal antecedents.ratio¶¶22
Having regard to the facts and circumstances of the case and petitioner no. 2's (Gopal Prasad's) criminal antecedent, this is not a fit case for anticipatory bail, and the bail petition in respect of petitioner no. 2 is rejected.ratio¶¶25

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court — Criminal Miscellaneous No.83819 of 2023 (order dated 07-03-2024, Nawneet Kumar Pandey, J) arising out of Beur P.S. Case No. 288 of 2023, District Patna, registered under Sections 406, 419, 420, 414, 467, 468, 471, 474, 120B/34 IPC read with Section 66(D) of the I.T. Act — co-accused apprehended at an ATM with Rs. 20,000 cash and bulk dubious ATM cards disclosed the petitioners as active gang members involved in cyber-crime — petitioner no. 1 (Chandan Kumar), claimed to be of clean antecedent, directed to be released on bail in the event of arrest or surrender on a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; acceptance of his bail bond made conditional on verification of his criminal antecedents by the court below from the concerned police station and the Superintendent of Police, Patna — petitioner no. 2 (Gopal Prasad), having a criminal antecedent, held not a fit case for anticipatory bail and his bail petition rejected.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83819 of 2023

Arising Out of PS. Case No.-288 Year-2023 Thana- BEUR District- Patna

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

Chandan Kumar R/O - Mir Bigha, P.S. - Barsaliganj, Dist - Nawada

Gopal Prasad S/O Vijali Mistri R/O - Mir Bigha, P.S. - Barsaliganj, Dist - Nawada

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Prem Ranjan Kumar For the Opposite Party/s : Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 07-03-2024

Heard learned counsel for the petitioners as well as

the learned APP for the State.

The petitioners apprehend their arrest in connection with Beur P.S. Case No. 288 of 2023, registered for the offences punishable under Sections 406, 419, 420, 414, 467, 468, 471, 474, 120B/34 of the Indian Penal Code read with Section 66(D) of the I.T. Act.

As per allegation, the co-accused persons who had been apprehended in this matter at an ATM having Rs. 20,000 cash and dubious ATM cards in bulk of different branches. The apprehended persons disclosed the name of the accused petitioners as an active members of their gang who were

Patna High Court CR. MISC. No.83819 of 2023(3) dt.07-03-2024 2/3

involved in the activities of cyber-crime.

The learned counsel for the petitioners has submitted that petitioner no. 1 is a person of clean antecedent and has falsely been implicated in this case.

On the other hand, learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner no. 1, in the event of his arrest or surrender be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Patna in connection with Beur P.S. Case No. 288 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The learned court below shall verify the criminal antecedents of petitioner no. 1 not only from the concerned police station but also from the Superintendent of Police, Patna. The Superintendent of Police, Patna shall furnish the criminal antecedent of the petitioner no. 1. Only after verifying the records of the police stations of Patna with respect to criminal antecedents, the bail bond of the petitioner no. 1 shall be accepted.

Patna High Court CR. MISC. No.83819 of 2023(3) dt.07-03-2024 3/3

So far as petitioner no. 2 is concerned, looking at

the facts and circumstances of the case as well as he has a criminal antecedent, I don’t think it to a fit case for anticipatory bail. Accordingly, the bail petition in respect of petitioner no. 2 is hereby rejected.

(Nawneet Kumar Pandey, J)

Sudha/-

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