A single judge granted pre-arrest bail to three accused persons named in an omnibus cheating FIR, directing their release upon surrender or arrest within six weeks after furnishing a bond.
Release on bail upon surrender or arrest within six weeks by furnishing a bond 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.35823 of 2018
Arising Out of PS.Case No. -17 Year- 2018 Thana -GIRIYAK District- NALANDA
(BIHARSHARIFF)
All resident of village- Barandi, P.S.- Katrisarai, Dist.- Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudish Kumar, Advocate For the Opposite Party/s : Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
The petitioners seek pre-arrest bail in connection with Giriyak P.S. Case No.17 of 2018 registered under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioners that though they are named in the first information report, there is no specific allegation against them. A general and omnibus allegation of cheating has been levelled against altogether twelve named accused persons. The police have failed to make any recovery from the house of the petitioners. They have clean
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antecedent having got roots in the society and are not likely to abscond or tamper with the evidence.
Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners.
Considering the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharshirit in connection with Giriyak P.S. Case No.17 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J)
Md.S./-
U T
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioners.
1 provisions across 1 enactments
Vicky Kumar and others
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
