This order grants bail to the petitioners in a criminal case of cheating and criminal breach of trust, as the dispute regarding land and machine usage is civil in nature.
Petitioners released on bail on furnishing bonds of Rs. 10,000/- each with two sureties of like amount to the Additional Chief Judicial Magistrate, Bagaha, West Champaran.
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.41454 of 2014
Arising Out of PS.Case No. -8 Year- 2014 Thana -LAUKARIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1. Chokat Sah Son of Manna Sah 2. Lal Bahadur Sah son of Chokat Sah Resident of Village - Yamunapur, P.S.- Laukarya, District - West Champaran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Zainul Abedin, Advocate. For the Opposite Party/s : Mr. Navin Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioners Chokat Sah and Lal Bahadur Sah seek bail in Laukariya P.S. Case No. 08 of 2014, registered for the offences punishable under Sections 406, 420, 467, 468, 471 and 34 of the Indian Penal Code.
The informant Bhrigu Sharan Verma alleged that the petitioners took his crusher machine and they were running the same on his land after executing a deed of Kirayanama but later on the petitioners refused to pay rent and claimed that nature of land is Gair-Mazarua and also took his crusher machine.
Learned counsel for the petitioners submits that they never took the land on rent from the informant. The dispute is of
Patna High Court Cr.Misc. No.41454 of 2014 (2) dt.19-11-2014
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civil nature.
Learned APP did not dispute the facts. Having considered the facts aforesaid and the fact that the petitioner no. 1 is in jail since 16.07.2014 and petitioner no. 2 is in jail since 28.08.2014, they, namely, Chokat Sah and Lal Bahadur Sah are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Laukariya P.S. Case No. 08 of 2014.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
1 issue framed by the court
Whether the petitioners are entitled to bail in a case alleging cheque-cashing, cheating, and criminal breach of trust arising from a civil land dispute.
1 provisions across 1 enactments
Chokat Sah
Lal Bahadur Sah
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
