A criminal miscellaneous petition was filed seeking bail for the petitioner accused of cheating and forgery. The High Court granted bail upon fulfillment of specific conditions regarding sureties and the bond amount.
Petitioner released on bail furnishing bond of Rs. 10,000/- with two sureties of like amount, one being a close relative.
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.17896 of 2016
Arising Out of PS.Case No. -73 Year- 2015 Thana -NANHPUR District- SITAMARHI ====================================================== Nitish Chandra Jha, Son of Shambhu Nath Jha, Resident of Village- Bhaur, P.S.- Nanpur, District- Sitamarhi. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 04-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in connection with Nanpur P.S. Case No. 73 of 2015, registered under Sections 420, 467, 468, 471, 379 and 381 of the Indian Penal Code. The allegation of informant, namely, Bipul Kumar Mishra is that the petitioner used to do the work on the computer set of the bank and in that course on 30.07.2014, one account holder deposited Rs. 60,000/-. Out of the said money, Rs. 30,000/- only was deposited in his account whereas rest Rs. 30,000/- was deposited in the account of one Raj Kumar of Kharka Branch. Later on, informant came to know that this petitioner had opened a forged account in the name of Raj Kumar in Kharka Branch and after using the I.D and password
Patna High Court Cr.Misc. No.17896 of 2016 (3) dt.04-05-2016
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of the informant, he committed the aforesaid fraud.
Learned counsel for the petitioner submits that petitioner has falsely been implicated by the informant. The petitioner is in custody since 08.02.2016 and chargesheet has already been submitted against him.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Pupri, Samastipur in connection with Nanpur P.S. Case No. 73 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner .
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in the challenging criminal case.
1 provisions across 1 enactments
Nitish Chandra Jha
State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
