The High Court at Patna granted bail to the petitioner in a cheating case after accepting a demand draft representing the full amount of alleged defalcation and directing him to furnish a bail bond with sureties.
Directed the petitioner to be enlarged on bail by furnishing a bail bond of Rs. 10,000 with two sureties of the 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.42416 of 2017
Arising Out of PS.Case No. -24 Year- 2017 Thana -PANCHRUKHI District- SIWAN
====================================================== 1. Mantu Kumar Sah, Son of Kalicharan Sah, Resident of VillageShankarpur P.S.- Bhagwanpur Hatt, District- Siwan.
.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioner seeks bail in Pachrukhi P.S. Case No. 24 of 2017, registered for the offence punishable under Sections 420/409 of the Indian Penal Code.
The prayer for bail of the petitioner was earlier rejected vide order dated 29.06.2017 passed in Criminal Miscellaneous No. 18807 of 2017 by this Court.
The petitioner again moved for grant of bail on the ground that the petitioner is ready to return Rs. 3,29,205/- to the Bandhan Bank, which is alleged to have defalcated by the petitioner. A demand draft is prepared in the name of the Bank is handed over to the learned counsel appearing on behalf of the Bandhan Bank.
Patna High Court Cr.Misc. No.42416 of 2017 (5) dt.03-01-2018
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Considering the facts that the petitioner is in jail since 17.02.2017 and the petitioner handed over a demand draft of Rs. 3,29,205/- to the learned counsel appearing on behalf of the Bank, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Pachrukhi P.S. Case No. 24 of 2017.
(Prabhat Kumar Jha, J)
ajay gupta/-
U T
1 issue framed by the court
Whether the petitioner be directed to be enlarged on bail having surrendered the demand draft of the loss amount.
1 provisions across 1 enactments
Mantu Kumar Sah
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
