The High Court at Patna granted bail to the petitioner in a case of cheating and criminal breach of trust arising from a bank defalcation case, directing him to furnish a bond.
Petitioner to be released on bail on furnishing a bond of Rs.10,000 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.9384 of 2019
Arising Out of PS. Case No.-334 Year-2018 Thana- DHAMDAHA District- Purnia
======================================================
Amardeep Kumar Thakur Son of Vinod Thakur Resident of Village- Bhorhar, P.S.- Fulkaha, District -Araria, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Sharma For the Opposite Party/s : Mr.Ram Sumiran Rai ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 16-04-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 420, 406 of the I.P.C.
Allegation is that the accused persons defalcated the huge money of the Bank.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.11.2018 and has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The offence is triable by the Magistrate. In the case diary, none has come forward to claim that they have been cheated by the petitioner. No wrongful loss or wrongful
Patna High Court CR. MISC. No.9384 of 2019(3) dt.16-04-2019 2/2
gain has been made on the part of the petitioner.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia in connection with Dhamdaha P.S. case No.334 of 2018.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case of cheating and criminal breach of trust.
Whether the conditions of the charge satisfy the requirements for bail.
1 provisions across 1 enactments
Amardeep Kumar Thakur
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
