Allowed

Shamshad Mian v. The State Of Bihar

Patna HC16 Aug 2016CR. MISC./32804/2016

Case brief

AI extract

What is this about?

In an appeal against bail rejection regarding offences under the IPC including cheating, the Patna High Court granted bail to the petitioner. The release was conditioned on furnishing a bond and ensuring physical presence during trial.

What did the court decide?

Release on bail on furnishing bond of Rs. 10,000 with two sureties of like amount, subject to conditions of physical presence and close relative as bailor.

Shamshad Mian Vs The State Of Bihar — Cheating and Forgery | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32804 of 2016

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Arising Out of PS.Case No. -248 Year- 2015 Thana -BARHARIA District- SIWAN ====================================================== Shamshad Mian, Son of Late Alim Mian, resident of village- Bhadayan, Police Station- Barharia, District- Siwan

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.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Raghav Prasad, Advocate For the Opposite Party: APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 16-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is in custody since 17.02.2016 in connection with Barharia P.S. Case No. 248 of 2015 for the offences alleged under Sections 420, 406, 308, 385, 34 of the Indian Penal Code but charge sheet has been submitted under Sections 406, 420 and 504/34 of the IPC.

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It is submitted that the petitioner has been falsely implicated as the son of the informant and some other persons were duly sent to Malesia for providing job where they remained for about seven months before returning to India. It is submitted that the petitioner duly fulfilled his part of duty by sending the two persons abroad of their own choice.

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Having regard to the entirety of the facts and circumstances of the case, let above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Siwan in connection with Barharia P.S. Case No. 248 of 2015, with following conditions:

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(1) That one of the bailors will be a close relative of

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Patna High Court Cr.Misc. No.32804 of 2016 (2) dt.16-08-2016

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2/2

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the petitioner;

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(2) That the petitioner shall remain physically present on each and every date during trial and in the event of failure to do so on three consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the Court concerned.

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(Vikash Jain, J)

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B.T/-Ibrar

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U T

Shamshad Mian v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Shamshad Mian v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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