High Court Patna dismissed the bail petition of Diwakar Kumar accused of presenting forged cheques. The court rejected the plea citing the nature of the accusation despite bail for another accused.
Bail prayer rejected in connection with Himua P.S. Case no. 3 of 2015 pending before CJM Nawada.
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.17384 of 2015 (4) dt.18-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17384 of 2015
Arising Out of PS.Case No. -3 Year- 2015 Thana -HISUA District- NAWADA
======================================================
Diwakar Kumar S/o Bhola Singh Resident of Village Rampur, P.S. Narhat,
District Nawadah.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
4 18-09-2015 Heard learned counsel for the petitioner as well as the
learned counsel for the State.
The case against the petitioner is that he opened a bank
account in fake name and presented cheques and thereafter
encashed huge amount from the bank. In course of investigation,
he made his confessional statement disclosing that one Ranjan
Kumar had given forged cheques to him. The submission on
behalf of petitioner is that the aforesaid Ranjan Kumar has already
been granted privilege of bail by a coordinate Bench of this Court
vide Cr. Misc. no. 31069 of 2015.
Taking into consideration the accusation of the petitioner, I
am not inclined to grant him bail and accordingly, his prayer for
bail in connection with Hisua P. S. Case no. 3 of 2015 pending in
the court of learned Chief Judicial Magistrate, Nawada, is rejected.
(Hemant Kumar Srivastava, J)
sudip/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused of fraud involving forged cheques.
Whether the bail granted to an accused named Ranjan Kumar impacts the decision on the petitioner's bail.
Diwakar Kumar
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
