An oral order granting bail to the petitioner in a criminal case involving cheating and forgery. The petitioner alleged false implication and defective seizure of evidence. Bail was granted with specific bond requirements.
Prayer for bail allowed; petitioner released on bond of Rs. 10,000 with two sureties of like amount.
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 33271 of 2017
Arising Out of PS.Case No. -101 Year- 2017 Thana -JAGDISHPUR District- BHAGALPUR
======================================================
Mithun Kumar Yadav, Son of Sri Babulal Yadav, Resident of VillageDharmaychak, P.S.- Rajoun, District- Banka.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr Ajay Kumar Jha, Advocate For the S t a t e : Mr Sanjay Kumar Pandey, APP
====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
2 20-07-2017 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks bail in a case registered under Sections 419, 420, 467, 468 of Indian Penal Code.
Allegation against the petitioner is of collecting some money from the informant with an assurance to have some loans sanctioned. The petitioner submits that he has been falsely implicated in this case by the informant as he had not supported the informant’s husband in the last Mukhiya Elections. He further submits that from perusal of the seizure list, it is quite apparent that there is no seizure from his conscious possession and that the seizure is not in accordance with law. Prior to the instant case, he submits, that there is no criminal antecedent against him and that
Patna High Court Cr.Misc. No.33271 of 2017 (2) dt.20-07-2017
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he is in judicial custody since 23.04.2017.
In the light of the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Jagdishpur Police Station Case No 101 of 2017, GR No 1326 of 2017.
(Madhuresh Prasad, J)
M.E.H. /-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case alleging cheating and forgery involving failure to support a political candidate.
Whether the seizure of evidence was lawful and in accordance with the legal requirements.
1 provisions across 1 enactments
Mithun Kumar Yadav
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
