Single bench order granting bail to the petitioner in a criminal case involving offences under Section 489(B) and 489(C) of the Indian Penal Code related to cheating and forgery, upon furnishing a bail bond and meeting specified conditions.
Petitioner released on bail on 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.54381 of 2018
Arising Out of PS.Case No. -19 Year- 2018 Thana -HARSIDHI District- EASTCHAMPARAN (MOTIHARI)
====================================================== 1. Madan Sahani, S/o Mohan Sahani, Resident of Village- Dhobani Jagarnathpur, P.S.- Langari Pokharia, District- Parsa (Nepal).
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Verma For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
Additional Public Prosecutor for the State.
The petitioner has been in custody since 22.01.2018 in connection with Harsidhi P.S. Case No. 19/18 registered for the offences punishable under Sections 489(B), 489(C)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 27.04.2018 passed in Cr. Misc. No. 18513 of 2018 with liberty to the petitioner to renew his prayer for bail after framing of charge. He further submits that in view of Annexure-3, the charge has already been framed and the petitioner is willing and ready to co-operate with the trial and may be extended the
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privilege of bail.
Considering the aforementioned facts and
circumstances and taking into consideration the period of custody and also the fact that the petitioner is having a clean 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 1st Additional Sessions Judge cum Special Judge, Motihari, East Champaran, in connection with Harsidhi P.S. Case No. 19/18, subject to the following conditions:-
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
if not already concluded, and make himself available as
and when so required and in case of failure, the State
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shall be at liberty to move for cancellation of bail.
(Anjana Mishra, J)
Saif/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail after the charge was framed and considering his clean antecedents.
1 provisions across 1 enactments
Madan Sahani
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
