Petition for bail granted in case involving cheating and bounced cheque. Court directed release on bond with conditions regarding sureties and attendance.
Petitioner directed to be released on bail by furnishing bond of ₹10,000/with two sureties of like amount each.
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.6060 of 2016
Arising Out of PS.Case No. -27397 Year- 2014 Thana -PATNA COMPLAINT CASE District-
PATNA
====================================================== Avinash Kumar Rai son of Arbind Rai, resident of Village- Salthua, P.S. Kudra, District- Kaimur at present C/O Sri Bharat Prasad, resident of Gosai Tola, P.S. Patliputra, District- Patna.
.... .... Petitioner/s Versus 1. State of Bihar 2. Lal Deo Prasad son of Late Ram Sakal Rai, Village- Sahpur, P.S. Gopalpur District-Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Shakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
3 08-04-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Complainant.
The petitioner seeks bail in a case for the offences punishable under sections 406, 420, 323, 341 and 504/34 of the I.P.C and section 138 of the N.I. Act.
Allegedly, for providing job the petitioner and other co-accused being in collusion and conspiracy cheated the complainant by taking amount of Rs. 12,50,000/- and the petitioner and co-accused Babita Bharti had given cheque to the complainant which was dishonored.
Submission is of false implication and that no offence as alleged is made out, the petitioner is a poor student and he has
Patna High Court Cr.Misc. No.6060 of 2016 (3) dt.08-04-2016
2/2
been made victim of the circumstances, he is suffering in custody since 15.11.2015 and as such he deserves sympathetic consideration, to which the learned A.P.P. duly assisted by the learned counsel for the complainant opposes prayer for bail by submitting that the petitioner has given cheque which was dishonored and the petitioner and others had cheated several persons in that way.
In the facts and circumstances as stated above, considering detention of the petitioner, now he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.N. Singh, J.M. 1st Class, Patna in Complaint Case No. 27397 © of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
Abhay/-
U T
1 issue framed by the court
Whether the petitioner entitled to bail in offences under Sections 406, 420, 323, 341, 504/34 IPC and Section 138 NI Act.
Avinash Kumar Rai
State of Bihar
Lal Deo Prasad
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
