Allowed

Ram Chandra Baitha v. The State Of Bihar

Patna HC22 Feb 2019CR. MISC./66967/2018

Case brief

AI extract

What is this about?

In this bail application, the High Court granted bail to the petitioner, a PDS dealer falsely implicated under IPC 420/34 and ECA Section 7. The accused was ordered released on furnishing bonds with two sureties and specific conditions included under Section 438(2) Cr.P.C. amid allegations of improbable recovery.

What did the court decide?

Released on bail with bonds of Rs. 10,000 and two sureties of like amount subject to conditions of appearance and cooperation with investigation.

Ram Chandra Baitha Vs The State Of Bihar — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.66967 of 2018

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Arising Out of PS. Case No.-217 Year-2018 Thana- BATHNAHA District- Sitamarhi

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

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Ram Chandra Baitha Son of Late Jagdev Baitha R/o Village Surgahiya, P.S. Bathnaha, District -Sitamarhi

... ... Petitioner

Versus

The State Of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr.Ashok Kumar Jha, Advocate For the Opposite Party : APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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3 22-02-2019

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends his arrest for the offences alleged under Section 420/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act registered in connection with Bathnaha P.S. Case No. 217 of 2018.

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It is submitted that the petitioner, who is a PDS dealer, has been falsely implicated in connection with recovery of food grains from the godown of one Umesh Bhagat. There is no material on record to corroborate information given by the said Umesh Bhagat that the godown had been given on rent to the petitioner. Moreover, 400 bags of wheat seized from the truck were found to be handstitched and hence, the allegation that these were subsidized food grains is improbable. The petitioner claims clean antecedents.

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Learned APP appears and has been heard.

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Be that as it may, in the event of the petitioner’s arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten

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Patna High Court Cr.Misc. No.66967 of 2018(3) dt.22-02-2019 2/2

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thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No. 217 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions --

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(i) That one of the bailors of the petitioner shall be a close relative.

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(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

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(iii) That the petitioner shall remain personally present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

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(iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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BT/Chandran

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U T

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(Vikash Jain, J)

Ram Chandra Baitha v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ram Chandra Baitha v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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