Petitioner challenged his detention seeking bail in a case involving cheating, fraudulent enforcement of an order, and criminal conspiracy. Court granted bail considering investigation completion and prior similar conviction.
Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties of like amount to Chief Judicial Magistrate, Arwal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29812 of 2016
Arising out of P.S.Case No. -15 Year- 2016 Thana -MEHANDIA District- JEHANABAD ====================================================== Lal Babu Kumar, son of Chanarik Yadav, resident of village- Khalilpura, P.S Karpi, District- Arwal. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nilesh Kumar, Adv. For the State : Mr. Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 28-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 406, 420, 465, 466, 468, 471 and 120(B) of the Indian Penal Code.
The accusation against the petitioner is that he took huge amount of money from the informant and some others for providing them job in Military Engineering Service and also issued fake documents.
Submission on behalf of the petitioner is that for the same and similar offence, one Karpi P.S. Case No.70 of 2014 was lodged against the petitioner and after due consideration, a Bench of this Court granted bail to the petitioner vide order dated
Patna High Court Cr.Misc. No.29812 of 2016 (2) dt.28-07-2016
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30.6.2016 passed in Cr. Misc. 16544 of 2016. It is further submitted that when the bail prayer of the petitioner in the aforesaid case was rejected by learned Sessions Judge, Jehanabad, the informant of the present case lodged the present case with an intention to harass the petitioner.
Considering the aforesaid facts and circumstances as well as submissions of the parties as also this aspect of the matter that investigation against the petitioner has already been completed and he is in custody since 10.3.2016, let him 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 Chief Judicial Magistrate, Arwal, in connection with Mehandia P.S. Case No. 15 of 2016.
(Hemant Kumar Srivastava, J)
S.Ali/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given the completion of investigation and prior bail history.
Lal Babu 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
