Single judge of the Patna High Court granted bail to the petitioner apprehending arrest in a complaint case involving allegations of cheating and forgery under various sections of the Indian Penal Code.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties of Rs. 10,000 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.46899 of 2013 (2) dt.11-11-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46899 of 2013
====================================================== Binod Kumar Mishra @ Vinod Kr. Mishra son of Sri Dashrath Mishra, resident of village + post Devdha, P.S.Hasanpur, District Samastipur at present resident of Mohalla Kankarbag, Patna (Tempo Stand) Rental Flat No. 321, P.S.Kankarbagh, District Patna .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s : Mr. Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER --------------- 2 11-11-2013 Heard learned counsel for the petitioner and learned Addl.P.P. appearing for the State. The petitioner apprehends his arrest in a complaint case filed for the r offences under Sections 323, 467, 420, 379 and 504/34 of the Indian Penal Code. The cognizance has been taken for the offences under Sections 406, 323 and 504/34 of the Indian Penal Code.
It has been alleged by the complainant that he came in acquaintance with the petitioner and on 25.11.2005, this petitioner along with Harish Chandra Jha came and promised to give a good piece of land at Patna. On such pleading of he petitioner, the complainant paid Rs.51,000/- and a deed of agreement was prepared. The complainant thereafter paid Rs.31,000/- to co-accused Harish Chandra Jha. When the
Patna High Court Cr.Misc. No.46899 of 2013 (2) dt.11-11-2013
complainant asked the accused persons to execute the sale deed, the accused persons evaded it. Thereafter the complaint filed the present case.
Submission is that the entire allegation of payment of amount is against co-accused Harish Chandra Jha. It has also been submitted that the present case is of civil nature and the complainant has remedy before the civil Court.
Considering the facts and circumstances of the case,
the above named petitioner, in the event of arrest or surrender within twenty days from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Hilsa in Complaint Case No. 197 (C ) 09.
(Shyam Kishore Sharma, J)
Tahir/-
3 issues framed by the court
Whether the petitioner should be granted bail considering the allegations of cheating and forgery.
Whether the present case is of a civil nature.
Whether the allegations are against the co-accused.
2 provisions across 1 enactments
Binod Kumar Mishra
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
