Allowed

Vijay Sao v. The State Of Bihar

Patna HC8 Sept 2014CR. MISC./23724/2014

Case brief

AI extract

What is this about?

This oral order grants anticipatory bail to the petitioner in PS.Case No.321 of 2013, alleging offences under Sections 323, 504, and 406 IPC. The petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of like amount, subject to specific conditions regarding cooperation with investigation and trial attendance. The court allowed the bail application.

What did the court decide?

Granted release on bail on furnishing bond of Rs.10,000 with two sureties of like amount under preliminary conditions of Sec 438(2) CrPC. Valid for six weeks.

Vijay Sao Vs The State Of Bihar — Anticipatory Bail | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23724 of 2014

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Arising Out of PS.Case No. -321 Year- 2013 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== 1. Vijay Sao Son of Shital Chand Sao Resident of Village - Serthua, P.S. - Makhdumpur (Tehta), District - Jehanabad. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Dr.Kumar Uday Pratap (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 08-09-2014 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends his arrest for the offences alleged under Sections 323, 504 & 406 of the Indian Penal Code registered in connection with Makhdumpur (Tehta) P.S. Case No. 321 of 2013.

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It is submitted that the petitioner has been falsely implicated as the entire amount received from the complainant was duly passed on to the original land owner and there is no accusation to the contrary. It further transpires that the amount of Rs. 6,40,000/- (six lacs forty thousand) has even been returned to the complainant out of the aforesaid amount. It is further submitted that the entire

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Patna High Court Cr.Misc. No.23724 of 2014 (2) dt.08-09-2014

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transaction constitutes no more than the dispute of civil nature. The petitioner claims clean criminal antecedent.

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Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner’s arrest or surrender before the court below within 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, Jehanabad, in connection with Makhdumpur (Tehta) P.S. Case No. 321 of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:-

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(i) The petitioner shall cooperate with the investigation and make himself available as and when so required and failure to do so shall render him liable for cancellation of his bail bond by the learned Court concerned.

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(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

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(Vikash Jain, J)

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P.K./-

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U T

Vijay Sao v. The State Of Bihar

Case brief

What is this about?

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Vijay Sao v. The State Of Bihar

Case brief

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