In Criminal Miscellaneous No.5560 of 2015, the Patna High Court granted bail to the petitioner, who was custodial in a cheating case, citing the informant's retraction and absence of criminal record.
Petitioner released on bail with bonds of Rs.10,000 each including 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.5560 of 2015
Arising Out of PS.Case No. -574 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Sonu Kumar Son of Ramasish Singh Resident of vill-Bajour, P.S-Bazirganj, Distt.-Gaya .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-02-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 10.10.2014 in a case registered for the offences punishable under Sections 419 and 420 of the Indian Penal Code. It is alleged that the petitioner exchanged the ATM card from the informant and attempted to withdraw money through the ATM card. It is submitted by learned counsel for that the petitioner that due to misunderstanding the case has been lodged and the informant has retracted from the initial version and filed a petition to that effect before the learned court below.
A statement has been made in para 3 of the
Patna High Court Cr.Misc. No.5560 of 2015 (02) dt.13-02-2015
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petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case No. 574 of 2014.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case under Sections 419 and 420 of the Indian Penal Code given the informant's retraction and lack of criminal antecedents.
Sonu Kumar
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
