Allowed

Shailendra Kumar Pandey v. the State of Bihar

Patna HC17 Oct 2019CR. MISC./62909/2019

Case brief

AI extract

What is this about?

The bench granted bail to the petitioner in criminal proceedings concerning cheating and criminal breach of trust. Drawing a distinction between the petitioner and the principal transactor, the court held the case was an abuse of process and ordered enlargement on bail bond with sureties.

What did the court decide?

Guaranteed bail on furnishing a bond of Rs. 25,000 with two sureties to the satisfaction of the learned Additional Chief Judicial Magistrate.

Shailendra Kumar Pandey Vs the State of Bihar — Cheating and Forgery | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62909 of 2019

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Arising Out of PS. Case No.-334 Year-2017 Thana- MADHUBAN District- East Champaran

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

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SHAILENDRA KUMAR PANDEY Son of Sri Chandra Shekhar Pandey @ Chandra Kishore Pandey Resident of Village - Bishanpur Tara Pandey Tola, P.S.- Madhuban, dist.- East Champaran.

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Versus

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THE STATE OF BIHAR

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Ms. Asha Devi, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 17-10-2019 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant and learned Additional Public Prosecutor for the State.

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The petitioner is in custody in connection with Madhuban P.S. Case No. 334 of 2017 for the offenses under Sections 406, 420, 506/34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that the allegation against the petitioner in the instant case is that his bank account was used for the purpose of transaction in relation to transfer of land. The petitioner is not the person with whom the informant has entered into any kind of transaction. Learned counsel for the petitioner further submits that instant criminal case is itself abuse of the process as remedy is available under

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Patna High Court CR. MISC. No.62909 of 2019(2) dt.17-10-2019 2/2

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civil frame work.

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The submission of the learned counsel for the informant that the petitioner has played key role in the transaction therefore, he does not deserve bail is totally misconceived.

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Considering the fact that the petitioner is not the person who has entered into any kind of understanding for transfer of land, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, East Champaran, Motihari, in connection with Madhuban P.S. Case No. 334 of 2017.

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(Anil Kumar Upadhyay, J)

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uma/-

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U T

Shailendra Kumar Pandey v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Shailendra Kumar Pandey v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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