The Patna High Court granted bail to Vishal Kumar in a cheating case. The court observed procedural delays in lodging the FIR but granted bail upon furnishing a bond and sureties.
Petitioner released on bail by furnishing a bond of Rs. 10,000/- 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.4065 of 2018
Arising Out of PS.Case No. -301 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Vishal Kumar, S/o Mithlesh Shah, R/o Village- Jamin Mathia, P.S.Minapur (Panapur O.P.), District- Muzaffarpur.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. S. Ehteshamuddin
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
The petitioner, already in custody, seeks bail in connection with Chakai P.S.Case No. 301 of 2017 registered under Sections 379 and 420/34 of the Indian penal Code.
Allegation in brief is that petitioner had taken the money of the informant on 09.11.2017 by cheating him and when he went for withdrawing money at A.T.M. on 13.11.2017, he identified the accused persons who had cheated him and apprehended.
Learned counsel for the petitioner submits that informant did not report the offence on 9th November, 2017 on the alleged date of occurrence and after three days, FIR is lodged and recovery is made from one Keshav Kumar and petitioner is in custody since 14.11.2017.
Having considered the aforesaid facts and circumstances,
Patna High Court Cr.Misc. No.4065 of 2018 (2) dt.05-02-2018
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the petitioner, namely, Vishal Kumar, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-13, Motihari, East Champaran in connection with Chakai P.S. Case No. 301 of 2017.
(Arun Kumar, J)
Sujit/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in connection with the cheating offence charged against him.
1 provisions across 1 enactments
Vishal Kumar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
