The Patna High Court granted bail to the petitioner in a cheating and theft case involving alleged misappropriation of goods on a truck. Bail was allowed on furnishing a bond with conditions regarding sureties and residence.
Release on bail by furnishing a bond of Rs.20,000 with two sureties of the like amount each.
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.58159 of 2019
Arising Out of PS. Case No.-224 Year-2019 Thana- RAXAUL District- East Champaran
======================================================
MUKESH KUMAR Son of Ramchandra Ram. Resident of Village- Tikuliya, P.S.- Muffasil, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar Tondon For the Opposite Party/s : Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 19-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 420, 406, 407/34 of the Indian Penal Code.
A truck was carrying goods of the informant from Raxaul to Gorakhpur , however it did not reach at its destination. Hence, allegation is that owner of the truck, its driver and the cleaner misappropriated the goods on the truck.
Submission is that petitioner is neither the owner of the truck, nor the driver or cleaner of the truck. Petitioner has got no criminal antecedent. The only allegation is that he was also involved in the act of other accused.
Considering the facts aforesaid, let the petitioner,
Patna High Court CR. MISC. No.58159 of 2019(2) dt.19-09-2019 2/2
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 Raxaul Police Station Case No.224 of 2019, subject to condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner .
(Birendra Kumar, J)
abhishek/-
U T
1 issue framed by the court
Whether the petitioner, alleged to be involved in the misappropriation of goods in a truck, is entitled to bail.
Mukesh Kumar
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
