Petitioner, a deed writer accused of fraudulently projecting a Pakistani citizen as an Indian in a sale deed, was granted bail on furnishing a bond with two sureties.
The petitioner is directed to be released on bail on furnishing a bail bond of Rs.10,000 with two sureties.
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.17427 of 2014 (2) dt.28-05-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17427 of 2014
====================================================== Ram Nath Chaudhary son of Late Jai Ram Chaudhary, resident of village Brindaban, P.S.Uchakagaon, District Gopalganj .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr.Advocate For the Opposite Party/s : Mr. Dinesh Singh, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER ----------- 2 28-05-2014 Heard learned counsel for the petitioner and learned counsel for the State. Allegedly the petitioner being licensee deed writer scribed a sale deed which was executed by one Samsul Qumar, a citizen of Pakistan, in favour of Nabi Hassan, projecting himself as citizen of India. Submission at the bar for release of the petitioner is of false implication, innocence of the petitioner and that the petitioner as per submission made by vendor and vendee scribed the deed, he is not supposed to know as to whether the vendor has obtained permission to execute the deed or not and moreover other co-accused Nabi Hassan and Chitranjan Prasad have already been allowed pre-arrest bail whereas due to arrest, the pre-arrest bail petition of the petitioner became infructuous and as such the
Patna High Court Cr.Misc. No.17427 of 2014 (2) dt.28-05-2014
petitioner who is suffering in custody since 04.01.2014 deserves sympathetic consideration to which the learned Addl.P.P. is not in a position to controvert the same.
In the facts and circumstances as stated above, petitioner Ram Nath Chaudhary is directed to 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 Chief Judicial Magistrate, Gopalganj in Gopalganj Town P.S.Case No. 407 of 2013, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the trial court and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
Tahir/-
1 issue framed by the court
Whether the petitioner deserves bail considering his alleged innocence and the infructuous nature of his pre-arrest bail petition due to the arrest of co-accused.
Ram Nath Chaudhary
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
