In an oral order, the Patna High Court granted bail to the petitioner in a cheating and criminal conspiracy case, directing the furnishing of a bail bond with two close relatives as sureties.
The petitioner was released on bail by furnishing a bond of Rs. 10,000 with two close relatives as 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.48467 of 2018
Arising Out of PS.Case No. -166 Year- 2018 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF)
====================================================== Uday Kumar, S/o Late Bijendra Yadav, R/o Murarpur Adda, P.S.- Laheri, District- Nalanda.
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Maruth Nath Roy, Advocate. For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 25-09-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Laheri P.S. Case No. 166 of 2018 instituted for the offence under Sections 414 and 120B of the Indian Penal Code.
Counsel for the petitioner submits that petitioner is in custody since 20.06.2018. There is no recovery of any incriminating article from possession of the petitioner.
It is alleged in the written report that informant during patrolling duty reached near Marble shop at Brahmasthan and saw one driver started running away after parking his Bolero and he was apprehended. He disclosed his name as Uday Kumar (petitioner). In course of interrogation, he disclosed that the vehicle was stolen from Motihari in connivance with one Bunti
Patna High Court Cr.Misc. No.48467 of 2018 (2) dt.25-09-2018
2/2
Kumar and the same was to be utilized for carrying liquor. The petitioner was searched in front of witnesses. One Mobile phone was recovered from his possession but he could not produce any document.
From the written report it appears that only Mobile phone has been recovered from possession of the petitioner. He has not been arrested from the vehicle in question.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, in connection with Laheri P.S. Case No. 166 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J)
S.Ali/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner in respect of the offences of cheating and criminal conspiracy under Sections 414 and 120B IPC.
2 provisions across 1 enactments
Uday Kumar
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
