In a criminal bail matter, the High Court at Patna granted bail to the petitioner accused of offences under the IPC, noting the lack of criminal antecedents and that civil proceedings could address the informant's grievance over disputed receipts.
Released on bail by furnishing bonds 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.46120 of 2018
Arising Out of PS.Case No. -192 Year- 2018 Thana -BANKA District- BANKA
======================================================
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Jai Narain Thakur
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 29-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 20.03.2018 in connection with Banka P.S. Case No. 192/2018 registered for the offences punishable under Sections 420/419/467/468/475/ 385/120(B) and 504 of the Indian Penal Code.
Learned counsel for the petitioner submits that though it is alleged by the Constable (informant) that he is the land owner of the plot for which certain rent receipts have been prepared and filed by co-accused Dhananjay Sharma as well as the present petitioner, the remedy was available before the said Constable (informant) to get the said receipts annulled in an appropriate proceeding. It is thus submitted that the question of
Patna High Court Cr.Misc. No.46120 of 2018 (2) dt.29-08-2018
2/2
fraud would arise only after any such certificate is provided by the Circle Officer, Banka, and that on the basis of same, if the informant was being forcibly dispossessed from the land, the remedy available to him was in an appropriate proceeding under the relevant provisions of law.
Considering the aforementioned submissions and that the petitioner has got no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Banka P.S. Case No. 192/2018.
(Anjana Mishra, J)
Saif/-
U T
1 issue framed by the court
Whether the petitioner is eligible for release on bail given his lack of criminal antecedents and the availability of civil remedy to the informant regarding disputed rent receipts.
1 provisions across 1 enactments
Arun Sharma
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
