The Patna High Court granted bail to the petitioner, Ayub Ali, in a cheating case where he was the complainant who turned accused. Relief was subject to conditions including execution of a bail bond, presence in court, and surety requirements.
Petitioner released on bail with Rs. 10,000 bond and two sureties of like amount; one surety must be a near relative.
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.34980 of 2014 (2) dt.24-09-2014
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34980 of 2014
| Arising Out of PS.Case No. -420 Year- 2013 Thana -KISHANGANJ District- KISANGANJ ====================================================== Ayub Ali Son of Late Sahid Ali, Resident of Village- Thanwa Para, P.S. and District- Kishanganj .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. H.A.Khan, APP ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER |
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| 2. | 24-09-2014. Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in connection with Kishanganj P.S.Case No.420 of 2013 registered for the offences punishable under Sections 419, 420, 406 and 120B of the Indian Penal Code. On the basis of complaint petition filed by the petitioner, the present case has been registered and during investigation, the petitioner has been arrested on the allegation that he, being the agent of Nav Jyoti Agro India limited, was involved in cheating several persons. Submission at the bar for release of the petitioner is that |
| the petitioner being unemployed, became victim of the circumstances himself and when he detected some foul play going on in the Company, he filed the complaint case and he has been made accused resulting, the poor petitioner is suffering in custody to which learned APP opposes. |
In the facts and circumstances, as stated above,
Patna High Court Cr.Misc. No.34980 of 2014 (2) dt.24-09-2014
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considering that the petitioner being one of the victim had lodged the complaint himself and on which, a case has been registered, the petitioner, Ayub Ali, is directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No.420 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned 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.)
ahk/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who was a victim lodging the complaint and later became an accused.
1 provisions across 1 enactments
Ayub Ali
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
