Amit Kumar v. The State Of Bihar
Case brief
What is this about?
Petitioner Amit Kumar applied for bail in a criminal case involving Cheques and forgery. The High Court, finding the petitioner involved in depositing forged cheques and using false identities, rejected the bail application and directed him to renew the prayer after six months in custody.
What did the court decide?
Bail application rejected; petition to renew the prayer after six months in custody.
What the court decided
A compact analysis
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.11171 of 2017
Arising Out of PS.Case No. -27 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR
====================================================== 1. Amit Kumar, son of Sri Madan Prasad, Resident of Village- Barh, Hajari Market (wrongly stated as Hajaribagh Market), P.S.- Barh, District- Patna.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Jha For the Opposite Party/s : Mrs. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 07-04-2017 Heard both sides.
The petitioner seeks bail in Samastipur (Muffasil) P.S. case No. 27 of 2017 under Section 406, 409, 420, 465, 467,
468, 470, 471, 34 and 120(B) of the Indian Penal Code.
The petitioner was apprehended while he was depositing a cheque bearing No. 175049 of Rs. 3,85,460/- in the account of Kamlesh Sharma. On verification, the cheque was found to be forged. It transpired that the petitioner disclosed his name as Akash Kumar but from his possession Admit Card and other I-cards of Amit Kumar were recovered.
The learned counsel for the petitioner submits that petitioner disclosed that he only deposited the cheque on being
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to bail at this stage given the circumstances of the offence and seizure of documents.
Whether the petitioner must renew his bail prayer after a specified period of custody.
Whether the circumstances warrant enlarging the petitioner on bail.
Parties & counsel
- petitioner
Amit Kumar
- respondent
The State of Bihar
Coram
Prabhat Kumar Jha
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court