Mintu Lal Vs the State of Bihar — Cheating and Forgery | Patna HC (2024)

Mintu Lal Vs the State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to be released on bail upon arrest or surrender before the learned Court below within four weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned J.M.F.C-I, Civil Court, Danapur, Patna, subject to Section 438(2) CrPC conditions, with one bailor to be the petitioner's own/close family member.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Rani Talab P.S. Case No. 199 of 2022 registered for offences punishable under Sections 406 and 420 IPC, should be released on bail upon his arrest or surrender (anticipatory bail) under the Section 438 CrPC framework.

Court's answer

Anticipatory bail granted: the court directed that the petitioner be released on bail in the event of his arrest or surrender before the learned Court below within four weeks, in connection with Rani Talab P.S. Case No. 199 of 2022.

Ratio / Principle

Basis of the decision: the court had regard to the submissions of the parties and considered the nature of the allegation, the statements of witnesses recorded during the course of investigation, and the petitioner's fair antecedent.

Key takeaways

Conditional grant: bail is on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned J.M.F.C-I, Civil Court, Danapur, Patna.ratio¶21
The release is made subject to the conditions laid down under Section 438(2) of the Cr.P.C, with the further condition that one of the bailors shall be the petitioner's own/close family member.ratio¶21

Detailed headnote1 paragraphs

Pre-arrest (anticipatory) bail allowed by oral order of Justice Harish Kumar (Patna High Court, CRIMINAL MISCELLANEOUS No.84636 of 2023, dt.24-01-2024) for Mintu Lal, apprehending arrest in Rani Talab P.S. Case No. 199 of 2022 (District Patna) registered for offences punishable under Sections 406 and 420 of the Indian Penal Code. The prosecution case rests on the informant's (Nilam Devi's) written report alleging the petitioner took Rs. 3,85,400/- for personal work with an assurance of return, did not return it despite demand, and that he and his brother threatened her; counsel contended the true figure was a returned Rs. 30,000 medical loan inflated by interpolation and exorbitant interest, corroborated by villager statements recorded under Section 161 CrPC, and that Section 41(1) CrPC benefit had been extended during investigation before the police submitted the charge-sheet. Having regard to the submissions of the parties, the nature of the allegation, investigation-stage witness statements and the petitioner's fair antecedent, the court directed his release on bail upon arrest or surrender within four weeks, on a Rs. 10,000/- bond with two like sureties before learned J.M.F.C-I, Civil Court, Danapur, Patna, subject to Section 438(2) CrPC conditions and with at least one bailor being the petitioner's own/close family member.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84636 of 2023

Arising Out of PS. Case No.-199 Year-2022 Thana- RANIYATALAB District- Patna

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

Mintu Lal Son of Late Laxmi Narayan Sao @ Laxmi Narayan Sahu R/o vill - Raghunathpur Mathiya, P.S. - Rani Talab, Distt. - Patna, Bihar.

... ... Petitioner/s

Versus

The State of Bihar

Nilam Devi W/o Ram Brikch Yadav R/o vill - Raghunathpur Mathia, P.S. - Rani Talab, Distt. - Patna, P.S. - Bihta, Distt. - Patna

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Mishra, Adv. For the Opposite Party/s : Ms. Rina Sinha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 24-01-2024 Heard Mr. Sunil Kumar Mishra, learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Rani Talab P.S. Case No. 199 of 2022 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The prosecution case is based on a written report of the informant, alleging therein that the petitioner had taken Rs. 3,85,400/- for his personal work with an assurance that the same would be returned soon. It is further alleged that despite demand being made, the same has not been returned and the petitioner and his brother threatened the informant with dire consequences.

Learned counsel for the petitioner, submits that

Patna High Court CR. MISC. No.84636 of 2023(2) dt.24-01-2024 2/3

during the course of investigation, it has come that the petitioner had taken loan of Rs. 30,000/- for some medical issue(s). However, the same has already been returned but by making certain interpolation and exorbitant rate of interest, an amount of Rs.3,85,400/- has been shown to be due. He further submits that the aforesaid fact has also been corroborated by the statements of the villagers, which were recorded by the police under Section 161 CrPC. He next submits that taking note of the aforesaid fact, the petitioner was given the benefit of Section 41(1) CrPC during the course of investigation. However, once the police submitted charge-sheet, the necessity to file the present application. He lastly submits that the petitioner is a poor labour having fair antecedent and he undertakes that he will fully cooperate in the investigation or in the proceeding of the Court.

On the other hand, learned counsel for the State opposes the bail application.

Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the statements of the witnesses, which have been recorded during the course of investigation, coupled with the fair antecedent of the petitioner, let the above named petitioner, be

Patna High Court CR. MISC. No.84636 of 2023(2) dt.24-01-2024 3/3

released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C-I, Civil Court, Danapur, Patna in connection with Rani Talab P.S. Case No. 199 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

rohit/-

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