The Patna High Court, in a bail application, allowed the release of a petitioner accused under Sections 420, 120B, and 34 IPC, directing him to furnish a bail bond with two sureties.
Petitioner allowed to be released on bail on furnishing a bond of Rs. 10,000/- with two sureties.
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.6935 of 2014
====================================================== Tahir Hussain @ Tahir Hasan S/O Late Md. Salim R/O MohallaKhalilpura, Phulwarisharif, P.S.- Phulwarisharif, District- Patna .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 24-03-2014 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is one of the two named accused of the case registered under Sections 420, 120B and 34 of the Indian Penal Code. It is the case at best could have been classified as of civil dispute and not of criminal liability. The petitioner is not cheated and he himself is the victim of fraud by the informant. Learned counsel appearing on behalf of the informant has opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
Patna High Court Cr.Misc. No.6935 of 2014 (2) dt.24-03-2014
2
like amount each to the satisfaction of Judicial Magistrate, Ist Class / court concerned, Patna in connection with Budha Colony P.S. Case no. 106 of 2013.
(Shyam Kishore Sharma, J)
P.K./-
2 issues framed by the court
Whether the petitioner accused under Sections 420, 120B and 34 IPC should be granted bail.
Whether the case under Section 420 IPC should be classified as civil dispute rather than criminal liability.
1 provisions across 1 enactments
Tahir Hussain @ Tahir Hasan
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
