Birendra Kumar v. The State Of Bihar
Case brief
What is this about?
This oral order of the Patna High Court rejected the petitioner's bail application in a cheating and forgery case involving the disappearance of cheques, noting the investigation pointed to his conspiracy and citing the rejection of bail for a co-accused.
What did the court decide?
Prayer for bail of the petitioner was rejected.
What the court decided
A compact analysis
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.5381 of 2014 (4) dt.12-05-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5381 of 2014
====================================================== 1. Birendra Kumar S/O Sri Ganesh Prasad Gupta Resident Of Sondiha, P.S. Pasraha, District Khagaria. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 4 12-05-2014 Heard learned Sr. Counsel for the petitioner and learned APP for the State.
The petitioner is one of the five named accused of the case registered under Sections 379, 420, 467, 468, 471, 120B/34 of the Indian Penal Code.
Written report of District Planning Officer, Patna led to registration of the case for disappearance of cheques and withdrawal of Rs. 2, 59,00,000/- through two missing cheques.
Submission is that the petitioner was not handed over the charge of the cheques which were utilized for encashment. The petitioner has joined the office of the informantDistrict Planning Officer and thereafter, he was pressurized to take charge of Nazarat. Ultimately he refused to take charge but subsequently, on 10.7.2013, he was directed to take charge of Nazarat from Nazir Bikash Kumar Yadav –another co-accused.
Patna High Court Cr.Misc. No.5381 of 2014 (4) dt.12-05-2014
Issues for consideration
2 issues framed by the court
Whether a prayer for bail should be allowed where the investigation points to the petitioner's role in a conspiracy involving the disappearance of cheques.
Whether the rejection of bail to an co-accused affects the decision on the petitioner's bail application.
Parties & counsel
- petitioner
Birendra Kumar
- respondent
The State Of Bihar
Coram
Shyam Kishore Sharma
Case details
As recorded by the court registry
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