Application for anticipatory bail allowed in a case involving Sections 420 and 409 IPC. Alleged misidentification of pension holder. Bail granted with bond and conditions to appear before court.
Petitioner released on bail furnishing bond of Rs. 10,000 with two sureties of like amount each, subject to conditions under Section 438(2) CrPC.
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.80176 of 2018
Arising Out of PS. Case No.-215 Year-2018 Thana- KAKO District- Jehanabad
======================================================
Dinesh Sharma Son of Gaya Sharma, Resident of Village- Chainpura, P.S.Parasbigha, District- Gaya.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shivendra Prasad For the Opposite Party/s : Mr.Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
3 21-01-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Kako P.S. Case N0. 215 of 2018, disclosing offences under Sections 420 and 409 of the Indian Penal Code.
The petitioner, at the relevant point of time, was Panchayat Sevak. It is alleged that he wrongly identified one old age pension holder for payment of pension to the tune of Rs. 18,900/-.
Learned counsel appearing on behalf of the petitioner has submitted that there is no allegation in the First Information Report that he misappropriated the amount for his personal use.
Considering the nature of accusation, this application is allowed. Let the petitioner above named in the event of his
Patna High Court Cr.Misc. No.80176 of 2018(3) dt.21-01-2019 2/2
arrest/surrender within six weeks from today in the Court below, 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 learned Judicial Magistrate Ist Class, Jehanabad in Kako P.S. Case No. 215 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J)
arun/-
U
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a case alleging misidentification of an old age pension holder.
Whether the nature of accusation regarding misidentification justifying bail without misappropriation allegations warrants granting the application.
1 provisions across 1 enactments
Dinesh Sharma
The State Of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
