Justice Vikash Jain granted bail to Rakesh Kumar in a case involving offences under Sections 420, 467, 468, 471, and 472 of the Indian Penal Code, noting his clean antecedents and lack of government loss.
The petitioner is released on bail on a bond of Rs.10,000 with two sureties of like amount each, subject to conditions under Section 438(2) Cr.P.C.
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.15699 of 2014 (3) dt.08-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15699 of 2014
Arising Out of PS.Case No. -330 Year- 2012 Thana –NAWADA TOWN District- NAWADA ====================================================== 1. Rakesh Kumar S/O Laxman Prasad Resident Of Mohalla Anand Nagar (Chaudhary Dharamshala), P.S. Sukhdeo Nagar, District Ranchi (Jharkhand). .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Giri, Adv. For the Opposite Party/s : Mr. Binod Kumar-III, A.P.P.
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
3 08-08-2014 Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court Cr.Misc. No.15699 of 2014 (3) dt.08-08-2014
six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S. Case No. 330 of 2012, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Vikash Jain, J)
Md. Ibrarul/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail under Section 437 Cr.P.C. given his clean antecedents and the allegations of being a victim of a tout.
Whether to grant bail when the petitioner has not caused loss to the Government and similar co-accused have been granted anticipatory bail.
Whether the petitioner's surrender within six weeks satisfies the conditions for bail.
Rakesh Kumar S/O Laxman Prasad
The State Of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
