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Prashant Kumar v. The State of Bihar

Patna HC14 May 2019CR. MISC./14022/2019

Case brief

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What is this about?

The petitioner sought bail in a criminal case involving offences of criminal breach of trust and cheating. The court observed a lack of substantial material establishing the petitioner's implication and granted bail subject to conditions.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount, subject to cooperation with the court below.

Prashant Kumar Vs The State of Bihar — Property and Title | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14022 of 2019

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Arising Out of PS. Case No.-170 Year-2018 Thana- BHAWANIPUR District- Purnia

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======================================================

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PRASHANT KUMAR, Son of Chandra Kishore Bhagat @ Chandra Kishore Kumar Resident of Village - Bhawanipur, P.S- Bhawanipur, Distt.- Purnea

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... ... Petitioner/s

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Versus

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The State of Bihar ===================	... ... Opposite Party/s ===================================
Appearance :
For the Petitioner/s :	Mr. N.K. Agrawal, Sr. Advocate Mr. Vikram Singh, Advocate
For the Opposite Party/s : ===================	Mr. Sunil Kumar Pandey, A.P.P. ===================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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3 14-05-2019

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Heard learned counsel for the petitioner and learned

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APP for the State.

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Petitioner seeks bail in a case registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

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According to FIR, on verification of godown of the PACS, no paddy was found and the Chairman of the PACS, Mr. Kundan Kumar, who is co-accused, informed that entire 402 quintals of paddy has been given to the miller of which the petitioner is proprietor.

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Contention of the petitioner is that no paddy was provided to the petitioner nor there is any proof of providing paddy to the mill of the petitioner. Rather the agreement between the parties clearly stipulated that the paddy should be

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Patna High Court CR. MISC. No.14022 of 2019(3) dt.14-05-2019 2/2

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provided only when the miller is ready to provide the proportionate rice simultaneously. Otherwise, the paddy is not to be provided to the miller.

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Submission is that this condition was brought in the agreement, after previous laches noticed, in such matter.

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Considering the fact that here is no substantial material disclosing implication of the petitioner for the purpose of consideration of this prayer for bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bhawanipur. Police Station Case No. 170 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

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(Birendra Kumar, J)

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Kundan/-

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U T

Prashant Kumar v. The State of Bihar

Case brief

What is this about?

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Prashant Kumar v. The State of Bihar

Case brief

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