The High Court granted anticipatory bail to petitioners in a complaint case alleging cheating and criminal breach of trust. The order was based on the lower court's observation that the dispute was of a civil nature.
Petitioners directed to be released on bail on furnishing bonds with sureties within one month.
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.48588 of 2018
Arising Out of PS. Case No.-3642 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Om Prakash Singh, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
State.
The petitioners apprehend their arrest in connection with Complaint Case No. 3642 (C) of 2016 for the offence under Sections 406 and 420 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. Referring to the order of the Additional Sessions Judge-VIII, Patna, he submits that when the Court below has admitted that this case relates to civil nature refusal of grant of anticipatory bail is nonapplication of mind.
Patna High Court Cr.Misc. No.48588 of 2018(2) dt.11-12-2018 2/2
Once the court below has considered the Complaint Petition, Solemn Affirmation of the complainant and other materials and come to a conclusion that the dispute is of a civil nature refusal to grant anticipatory bail to the petitioners appears to be without non-application of mind.
Under the aforesaid circumstances, the petitioners named above, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-X, Patna in connection with Complaint Case No. 3642 (C) of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Upadhyay, J)
uday/-
U T
1 issue framed by the court
Whether the petitioners should be granted anticipatory bail when the trial court observed the dispute is of a civil nature and refused bail by non-application of mind.
1 provisions across 1 enactments
Mahesh Poddar
Yogesh Poddar
The State of Bihar
Aquil Ahmand
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
