Table of Contents

Bibliography……………………………………………………………………………………..2
List of Abbreviations…………………………………………………………………………3
Statement of Facts……………………………………………………………………………4
Statement of Jurisdiction………………………………………………………………….5
Issues for Consideration……………………………………………………………………6
Summary of Arguments……………………………………………………………………7
Arguments Advanced……………………………………………………………………….8
Prayer…….………………………………………………………………………………………10

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 BIBLIOGRAPHY

Books Referred:
1. Eastern Book Company, Criminal Manual, 33rd Edition.
2. OUP Oxford, A Dictionary of Law, 9th Edition.

Statues Referred:
1. The Indian Penal Code, 1860
2. The Code of Criminal Procedure, 1973

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 List of Abbreviations

Abbreviations Full Form

Hon’ble Honourable
U/S Under
CRPC Criminal Procedure Code
Via through
Ld.JMFC Court of Judicial Magistrate of First
Class

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 Statement of Jurisdiction

The Hon’ble High Court enjoys the right to preside over this matter by virtue of
Section 438(1) in Chapter XXXIII (Provisions as to Bail and Bonds), of The Code
of Criminal Procedure, 1973.

Section 438: Direction for grant of bail to person apprehending arrest.

(1) When any person has reason to believe that he may be arrested on an accusation
of having committed a non- bailable offence, he may apply to the High Court or
the Court of Session for a direction under this section; and that Court may, if it
thinks fit, direct that in the event of such arrest, he shall be released on bail; -------
-------------------
i.-----------------------------------
ii.--------------------------
iii.---------------------------
iv.---------------------------------
either reject the application forewith or issue an interim order for the grant of
anticipatory bail.

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 STATEMENT OF FACTS

(1) The prosecution story in brief is that on the date of occurrence,

24/07/22 one Kishore Kunal, resident of Rishra, went to Kolaghat for
some work along with his friend Bimlesh Kumar on a Passion Pro
motorcycle bearing no. WB 01 BR 3109.
(2) On their way back to Rishra, when they reached Dhubdubi speed
breaker, two persons came and pointing a pistol at them directed them
to park their vehicle by the side of the road. Due to fear they parked the
vehicle as directed and the two miscreants snatched their mobile
phones, purse containing driving license, pan card, a sum of Rs. 7,500/-
in total and their motorcycle and fled away towards Rishra.
(3) A FIR was registered in Raidih P.S. and the case was investigated. The
looted motorcycle was recovered from the tenanted house of one Arvind
Thakur and on the basis of his confessional statement made before
police, the police submitted chargesheet against Arvind Thakur and Lalu
Thakur before the court of the Ld. JMFC, Howrah.
(4) Taking cognizance of the offence, the Ld. Magistrate by order dated
01/02/23 ordered framing of charge against both accused Arvind Thakur
and Lalu Thakur under Sections 384 and 411 of the Indian Penal Code.
(5) Aggrieved by the said order both the accused have approached the High
Court of Jharkhand, Ranchi, invoking Section 482 of the Code of Criminal
Procedure.

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 ISSUES FOR CONSIDERATION

Issue that is presented via this appeal before the Hon’ble High Court for
discussion and adjudication is as follows;

Issue I
Whether the order Sections 384 and 411 of the Indian Penal Code by the court
of the Ld. JMFC, Howrah should be set aside?

1.1 Whether the ingredients of Sec.384 are met with to constitute the
offence under this section by the petitioner/accused?
1.2 Whether the ingredients of Sec.411 are met with to constitute the
offence under this section by the petitioner/accused?
1.3 Whether the court should grant bail to the petitioners/accused?

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 Summary of Arguments

The present FIR is has been registered under false and bogus facts. The facts
stated in the FIR are fabricated, concoted and without any basis. The police has
falsely the implicated the petitioners in the present case, the petitioners are
respected persons and they are not involved in any criminal case. The facts
stated in the FIR are fake and the confessional statement was taken when the
petitioner was not concious. The petitioner/accused is having very good
antecedents, he belongs to a good family and there is no criminal case pending
against them. That the petitioner/accused is a permanent resident and there
are no chances of his absconding from the course of justice. That the
petitioner/accused undertakes to present himself before the police/court as
and when directed. That the petitioner/accused undertakes that he will not,
directly or indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from disclosing
such facts to the Court or to any police officer. That the petitioner/accused
further undertakes not to tamper with the evidence or the witnesses in any
manner. That the petitioner/accused is ready and willing to accept any other
conditions as may be imposed by the Court or the police in connection with the
case. Hence the petitioner/accused is not liable under Sec.384 and Sec.411 of
IPC.

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 ARGUMENTS ADVANCED

Whether the order Sections 384 and 411 of the Indian Penal Code by the
court of the Ld. JMFC, Howrah should be set aside?
The answer to this question is an impregnable positive.

1.1 Whether the ingredients of Sec.384 are met with to constitute the
offence under this section by the petitioner/accused?
The objective of Sec.384 is to punish the person who involves in
extortion. The essential elements for extortion are as follows: fear of
injury or grievous injury or hurt or death. According to the facts of the
case, there is no proof that the petitioner/accused any of the above
mentioned essentials. The petitioner/accused went to police station to
give confessional statement. It proves that they are not hiding or
absconded from the police. As the facts mentioned is stating that the
persons who robbed the complainant had a gun. There is no statement
saying that the weapon was recovered by the police from the
petioner/accused. Hence the petitioner/accused is not liable to Sec.384
of IPC.
1.2 Whether the ingredients of Sec.411 are met with to constitute the
offence under this section by the petitioner/accused?
The objective of Sec.411 is to punish the person who
receives/retains the stolen property. The elements of dishonestly
receiving stolen property are,
1.The property must have been stolen.
2. The accused must have retained, received, bought or
the stolen property.

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 3. The accused must have known or had a reason to believe
that the item was stolen.
None of the essentials has been met by the petitioner/accused.
According to the facts stated, the stolen items and money other
than the motorcycle was recovered from the petitioner/accused
by the police. The motorcycle was found from the tenanted house
of the petitioner/accused but that doesn’t confirm that the
petitioner/accused stolen it as anyone could have brought and
kept it in the tenanted house of the petitioner. Hence the
petitioner/accused is not liable to Sec.411 of IPC.
1.3 Whether the court should grant anticipatory bail to the
petitioners/accused?
The petitioner/accused should be granted anticipatory bail as the
offences mentioned in the chargesheet and FIR are not true according to
the arguments above. Therefore the court should grant anticipatory bail
as the charges just made up and fake.

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 PRAYER

It is therefore prayed that the court may direct the release the applicant on bail
in the event of his arrest by the police. Any other order which the court may
deem fit and proper in the facts and circumstances of the case may be also
passed in favor of the applicant.
Dated: 24/04/2023

Counsel for the Petitioner Applicant/Petitioner

Vairagurusasthaa V Arvind Thakur and Lalu Thakur
20211BAL0051
Sec 2

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