The High Court granted anticipatory bail to the petitioner in a cheque-related case, conditional upon his arrest or surrender within four weeks, subject to the payment of a bond and sureties.
Bail granted subject to surrender within four weeks, furnishing bonds of Rs. 10,000 each with two sureties.
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.31682 of 2017
Arising Out of PS.Case No. -26 Year- 2017 Thana -MAINATAND DistrictWESTCHAMPARAN(BETTIAH)
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Anil Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 17-01-2018 Heard the counsels for the parties.
The petitioner seeks bail in anticipation of his arrest in connection with Mainatand P.S. Case No. 26 of 2017 dated 03.04.2017 instituted for the offences under Sections 420 and 406 of the Indian Penal Code.
The First Information Report has been lodged by one Santosh Prasad, who is a functionary at the Block level. It has been alleged by him that the FIR has been lodged on the instructions of Block Development Officer because 40 sacks of rice which were found in the godown of one Anand Kumar, was attempted by the petitioner, in his capacity as contractor for supply of mid-day meal, to be sold. On the basis of the aforesaid report, the subject F.I.R. was registered for investigation, arraigning only the petitioner as the accused and not Anand Kumar, the godown owner.
Patna High Court Cr.Misc. No.31682 of 2017 (3) dt.17-01-2018
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The investigation is still continuing and there is no other material, which would indicate that an attempt was made to sell off the aforesaid 40 sacks of rice. During the course of investigation also, the witnesses have only vaguely testified to the correctness of the statement that an attempt was made by the petitioner to sell of the rice but no details have been provided for suspecting the petitioner for the aforesaid offence.
Learned counsel for the petitioner has submitted that on such half-baked allegation, the petitioner cannot be made to suffer incarceration in custody.
Considering the aforesaid facts, in the event of arrest / surrender of the petitioner before the court below within a period of four weeks from today, he shall be granted bail subject to his furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Bettiah, West Champaran in connection with Mainatand P. S. Case No. 26 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J)
ajay gupta/- T
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail on grounds of weak allegations pending investigation.
What conditions must the petitioner satisfy to be granted bail upon surrender.
Whether the conditions for bail under Section 438(2) of the Cr.P.C. are applicable in this case.
1 provisions across 1 enactments
Sonalal Prasad
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
