In a bail application, the Patna High Court directed the release of the petitioner on bail upon furnishing a bond of Rs. 10,000 along with two sureties, subject to the condition of depositing the alleged amount in court.
Petitioner released on bail with a bond of Rs. 10,000 and two sureties upon depositing the alleged amount in the court below.
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.1291 of 2019
Arising Out of PS. Case No.-839 Year-2016 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur
======================================================
Uday Kumar, S/o Veer Babu Ray, Resident of village- Repura, Police StationMinapur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 16-01-2019 Heard learned counsel for the petitioner and the
learned counsel appearing on behalf of the State.
The petitioner is in custody since 08.02.2018 in connection with Town P.S. Case No.839 of 2016 registered for the offence under Section 420 of the Indian Penal Code.
Learned counsel for the petitioner submits that the prayer for bail made on behalf of the petitioner was earlier rejected, vide order dated 23.08.2018 passed in Cr. Misc. No.32218 of 2018. Learned counsel for the petitioner further submits that though the petitioner is not admitting his guilt, he is willing to deposit the entire amount, as alleged in the FIR, in the court below and the amount being paltry, he may be extended the privilege of bail.
Patna High Court Cr.Misc. No.1291 of 2019(2) dt.16-01-2019 2/2
In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Town P.S. Case No.839 of 2016, subject to the condition that he shall deposit the amount, as alleged in the FIR, in the court below without prejudice to his rights in the trial.
(Anjana Mishra, J)
PNM
U T
1 issue framed by the court
Whether the petitioner should be granted bail in connection with an offence under Section 420 IPC involving a paltry amount.
Uday Kumar
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
