Petitioner arrested for cheating and cyber offences applied for bail. Court granted bail after investigation completion subject to surrender of bond and cooperation with trial, cancelling bail upon default.
Bail granted after completion of investigation on furnishing bail bond of Rs. 20,000 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.22644 of 2018
Arising Out of PS.Case No. -67 Year- 2018 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH)
====================================================== 1. Jeetendra Prasad, Son of Shir Mahendra Mahto, resident of VillageKohra, Police Station- Shrinagar, District- West Champaran.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 23-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Section 420 of the Indian Penal Code and Section 66 of the Information & Technology Act.
The petitioner was apprehended while the petitioner was solving the question papers of Math and was making the answer viral on mobile phone. The petitioner is in custody since 26.02.2018. Petitioner has stated on oath that he has got no criminal antecedent.
Considering the aforesaid facts, let the petitioner, above named, be released on bail after completion of investigation on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.22644 of 2018 (2) dt.23-04-2018
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satisfaction of learned Court below where the case is pending in connection with Shikarpur Police Station Case No. 67 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Kundan/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail pending investigation in offences under Section 420 IPC and Section 66 IT Act.
Whether bail can be granted on the condition of cooperation with investigation pending.
2 provisions across 2 enactments
Jeetendra Prasad
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
