An oral order granting bail to the petitioner in a cheating case where he was apprehended on suspicion but no incriminating articles were recovered from his possession.
Petitioner released on bail of Rs. 10,000 with two sureties of like amount, subject to the condition that both bailors are close relatives.
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.37187 of 2019
Arising Out of PS. Case No.-44 Year-2019 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
ASLAM MIYA @ ACHHE Son of Babu Khan Resident of Bhikampura, Police Station-Maudarwaja, District-Farukhabad (U.P)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kumar Dhirendra Pratap Singh For the Opposite Party/s : Mr.Ashok Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 24-06-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Kudra P. S. Case No. 44 of 2019 instituted for the offence under Section(s) 406 and 420 of the Indian Penal Code.
Learned counsel for petitioner submits that petitioner has no concern with rice alleged to have been sent by informant to Sushila industries Sitapur (U.P.).
In the written report the informant has raised suspicion against the owner of the truck Sumit Kumar by which rice was allegedly sent by informant to Sushila Industries. During investigation, police has apprehended this petitioner on suspicion. He is not driver of the aforesaid truck. The truck belongs to owner Sumit Kumar. There is no recovery of any
Patna High Court CR. MISC. No.37187 of 2019(2) dt.24-06-2019 2/2
incriminating article from possession of this petitioner.
Petitioner is in custody since 7.2.2019 having clean
antecedent. .
Considering the aforesaid, 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 the ACJM-VI, Kaimur at Bhabhua, in connection with Kudra P. S. Case No. 44 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
shyambihari/-
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving offences under Sections 406 and 420 of the Indian Penal Code.
1 provisions across 1 enactments
Aslam Miya @ Achhe
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
