Petitioner, jailed since 10.12.2015 for Section 409 IPC offense, prayed for bail correction and grant. Court allowed date correction but rejected bail due to accusation nature, granting liberty to renew after framing charges.
Petition for bail rejected; date correction allowed; liberty to renew bail after framing of charge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7039 of 2016
Arising Out of PS.Case No. -230 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Nirdhan Kumar, Son of Late Prayag Raj, Resident of Village- Dinkar Path, Ward No. 28, P.S.- Nagar Lohiya Nagar, District- Begusarai. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3 08-04-2016 Sri Ajay Kumar Sinha, learned counsel for the petitioner at the very outset submits that due to typographical error in para-20 of the petition, instead of 10.12.2015 it has been typed as 10.02.2015 and, as such, he makes a prayer for correction.
The prayer is allowed.
Heard learned counsel for the petitioner and learned Addl. Public Prosecutor.
The petitioner, who was Clerk-cum- Cashier in Bank of Baroda and is in custody since 10.12.2015 in connection with Begusarai Town P.S. Case no.230/2015 registered for the offence under Section 409 of the Indian Penal Code, has prayed for grant of bail.
It was submitted by learned counsel for the petitioner
Patna High Court Cr.Misc. No.7039 of 2016 (3) dt.08-04-2016
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that even the alleged defalcated amount i.e. Rs.14,50,000/- has already been deposited by the petitioner and, as such, he makes a prayer for grant of bail. He submits that after investigation, the police has already submitted chargesheet.
Keeping in view the nature of accusation and the fact, at the moment I am not inclined to grant bail. The petition stands rejected. However, the petitioner is granted liberty to renew his prayer for bail after framing of charge.
(Rakesh Kumar, J)
NKS/U
3 issues framed by the court
Whether bail should be granted in a case involving Section 409 IPC where the defalcated amount has been deposited.
Whether to allow correction of a typographical error in the petition regarding the arrest date.
Whether the petitioner can renew the bail prayer only after framing of charges.
1 provisions across 1 enactments
Nirdhan Kumar
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
