In a bail application regarding a criminal case where the petitioner was in jail custody, the High Court granted bail on furnishing specific amount bonds and sureties.
Petitioner granted bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each.
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.31612 of 2013 (2) dt.19-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31612 of 2013
| ====================================================== Satendra Narayan Singh @ Satendra Singh, S/o-Late Deo Nandan Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== |
|---|
For the petitioner :- Mr. Sandeep Kumar For the State :- Mr. B. N. Pandey (A.P.P.) For the informant :- Mr. Shivendra Kr. Sinha |
| ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER |
| 2 19-09-2013 Counter affidavit is filed on behalf of the informant. |
| Heard learned counsel for the petitioner, learned |
| counsel for the informant as well as learned Additional Public |
| Prosecutor for the State. |
The accusation against the petitioner is that he took rupees eight lacs from the informant on the assurance to transfer land of one Nawal Kishore Thakur who had executed power of attorney in favour of the petitioner.
The contention on behalf of the petitioner is that no doubt, being holder of power of attorney petitioner took rupees four lacs one thousand from the informant to transfer the land of Nawal Kishore Thakur but as a matter of fact, he gave the aforesaid amount to Nawal Thakur and so far as the rest amount is concerned, the petitioner never received the aforesaid amount.
Learned counsel for the informant submits that
Patna High Court Cr.Misc. No.31612 of 2013 (2) dt.19-09-2013
petitioner took rupees four lacs one thousand and issued receipt thereof and so far as rest amount is concerned, the above stated amount was given to petitioner by one Bindu Kumar and Shri Niwas Kumar who supported the aforesaid fact in course of investigation.
Learned counsel for the petitioner submits that petitioner is still ready to return rupees four lacs one thousand to the informant in instalments subject to result of the case.
Learned counsel appearing for the informant refused to accept the aforesaid proposal and submitted that the informant would file a civil suit for getting his entire money.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that petitioner is in jail custody since 26.04.2013, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur in connection with Bihta P.S. Case No. 89 of 2013.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
1 issue framed by the court
Whether the petitioner is entitled to bail in the specified Bailable Offences case.
2 provisions across 2 enactments
Satendra Narayan Singh @ Satendra Singh
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
