The Patna High Court granted bail to Pintoo Kumar in a cheating case involving forged documents, noting he received no money. Conversely, bail was rejected for co-petitioner Shankar Kumar, who collected funds from the informant.
Bail granted to Pintoo Kumar on bond of Rs 10,000 with two sureties; bail prayer for Shankar Kumar rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.14039 of 2013 (2) dt.08-05-2013
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14039 of 2013
======================================================
1. Pintoo Kumar S/O Chhote Prasad Resident of Village- Ramhari P.O. and
P.S.- Rajgir, District- Nalanda
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.17688 of 2013
======================================================
Shankar Kumar @ Shankar Ram
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
======================================================
======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
02/ 08.05.2013 Both the above stated petitions arise out of Nalanda P.S. Case no. 47/2012 registered under sections 467, 468, 471, 420/ 34 of the IPC and, accordingly, a common order is being passed in both the above stated cases.
Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.
Earlier prayer for bail of the petitioners was rejected by this court but learned counsel for the petitioner appearing in Cr. Misc. no. 14039/2013 submitted that according to the prosecution case itself, it was co-accused Shankar Kumar @ Shankar Ram who took the money and so far as the petitioner in Cr. Misc. no. 14039/2013 is concerned, it is stated that he executed power of attroney on 21.7.2010. So even
Patna High Court Cr.Misc. No.14039 of 2013 (2) dt.08-05-2013
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if the aforesaid fact assumed to be true, then also, at best, this petitioner can be prosecuted for the offence punishable under section 419 of the IPC which is bailable in nature. He further submitted that agreement for sale had already been executed by co-accused Shankar Kumar @ Shankar Ram in favour of the informant which is evident from annexure 4 to this petition and there was no occasion for this petitioner to execute power of attorney in favour of the informant.
Learned counsel for the petitioner in Cr. Misc. no. 17688/2013 submitted that the petitioner in the above stated Cr. Misc. no. 17688/2013 is a land broker and, as a matter of fact, he took Rs 5 lacs from the informant in course of transaction and the aforesaid amount was handed over to the petitioner in Cr. Misc. no. 14039/2013 who, later on, executed power of attorney in favour of the informant. He further submitted that the petitioner in Cr. Misc. no. 14039/2013 was introduced to the petitioner in Cr. Misc. no. 17688/2013 by one Vijay Kumar but police could not succeed to locate the aforesaid Vijay Kumar.
On the other hand, learned counsel for the informant vehemently, opposed the prayer of the petitioners submitting that both the petitioners duped the informant by executing forged deed and taking money.
Considering the aforesaid facts and circumstances as well as submissions of the parties, I am of the opinion that the petitioner in Cr. Misc. no. 14039/2013 is entitled to get the privilege of bail because according to the prosecution case itself, he has not received even a single pie from the informant and accordingly, prayer for bail
Patna High Court Cr.Misc. No.14039 of 2013 (2) dt.08-05-2013
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of the petitioner in Cr. Misc. no. 14039/2013 is allowed and he (Pintoo Kumar) is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Nalanda at Biharsharif in Nalanda P.S. Case no. 47/2012.
So far as prayer for bail of the petitioner in Cr. Misc. no. 17688/2013, namely, Shankar Kumar @ Shankar Ram is concerned, his prayer for bail is, again, rejected.
shahid
(Hemant Kumar Srivastava,J)
2 issues framed by the court
Whether the petitioner who executed a power of attorney but did not receive money should be granted bail in a cheating case.
Whether the petitioner who took advance money and executed a forged deed should be denied bail.
2 provisions across 1 enactments
Pintoo Kumar
Shankar Kumar
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
