Criminal Miscellaneous application for regular bail arising out of an FC Trial Court case involving forgery and cheating. The High Court allowed bail on surrender within six weeks.
Prayer for regular bail allowed; petitioner directed to surrender within six weeks.
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.34844 of 2015
Arising Out of PS.Case No. -134 Year- 2013 Thana -BENA District- NALANDA (BIHARSHARIFF) ====================================================== 1. Niraj Kumar Pandey @ Niraj Pandey @ Niraj Kumar son of Prabhat Pandey, resident of village- Nohsha, P.S.- Ben, District- Nalanda .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 01-09-2015 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 406, 409/120B of the Indian Penal Code.
It is alleged that the petitioner with assistance of the Rozgar Sevak by forging signature of the informant being Panchayat Mukhiya withdrew the money under MANREGA scheme.
It is submitted by the learned counsel for the petitioner that petitioner is neither officer in the Administration nor is a Panchayat Representative and the present case has maliciously been filed. It is submitted that prior to this case a case bearing Ben P.S. Case No. 127 of 2013 has been filed
Patna High Court Cr.Misc. No.34844 of 2015 (2) dt.01-09-2015
2
against the Rojgar Sewak, informant and petitioner with accusation under Sections 406, 409, 420, 467, 468, 120B of the Indian Penal Code. The Panchayat Representative to save his own skin lodged the present case on 06.09.2019. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Ben P.S. Case No. 134 of 2013, pending in the court of learned Chief Judicial Magistrate, Nalanda.
With this observation this application is disposed
of.
(Dinesh Kumar Singh, J)
P.K./-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in the offences punishable under Sections 420, 467, 468, 406, 409/120B of the Indian Penal Code.
Niraj Kumar Pandey
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
