In an oral order, the Patna High Court granted bail to the petitioner, Manis Bharadwaj, in a case involving cheating and criminal breach of trust, noting the lack of written proof and duration of detention.
The petitioner was directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41159 of 2014
Arising Out of PS.Case No. -269 Year- 2014 Thana -DUMRAUN District- BUXAR ====================================================== Manis Bharadwaj son of Brij Mohan Singh resident of Heyad Mohammad Khan Ki Gali, at and P.S. Dumraon District - Buxar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar, Advocate. For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 12-11-2014 Heard both sides. The petitioner Manis Bharadwaj seeks bail in Dumraon P.S. Case No. 269 of 2014, registered for the offences punishable under Sections 406, 420 and 34 of the Indian Penal Code.
The informant Kamlesh Mahto alleged that the petitioner took Rs. 15,000/- on the pretext of providing him job in Garib Nawaj India Gas Pvt. Ltd. It is also alleged that Manish Kumar and Naushad Ali collected money from the informant and others.
Learned counsel for the petitioner submits that all the allegations are false and concocted. The petitioner is in jail since 24.07.2014.
Patna High Court Cr.Misc. No.41159 of 2014 (2) dt.12-11-2014
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There appears that the informant himself stated that he gave money for employment. There is no chit of paper to show that the petitioner took money from the informant and others. The petitioner has already remained in jail for about 3½ months.
Having considered the facts aforesaid and nature of allegation made against the petitioner, the petitioner, namely, Manis Bharadwaj is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 269 of 2014.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
3 issues framed by the court
Whether the petitioner is eligible for bail in a case involving offences punishable under Sections 406, 420 and 34 of the Indian Penal Code.
Whether the duration of jail remand for approximately three and a half months influences the grant of bail.
Whether the absence of written evidence (such as a chit) regarding the alleged transaction warrants bail.
1 provisions across 1 enactments
Manis Bharadwaj
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
