The Patna High Court granted bail to the petitioner in a cheating and theft case arising from COVID-19 lockdown constraints, directing a nominal personal bond with mandatory provision of fuller sureties upon normalcy.
Petitioner released on bail on personal bond with direction to furnish Rs. 10,000 sureties after normalcy.
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.16847 of 2020
Arising Out of PS. Case No.-840 Year-2019 Thana- MADHAURAH District- Saran
======================================================
RAM BABU SAHNI Son of Raksya Sahni Resident of Village - Bhagwatiya, P.S.- Kesariya, Distt - East Champaran at Motihari.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Rakesh Ranjan For the Opposite Party/s : Mr.Umesh Lal Verma ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 03-06-2020
Due to COVID-19 Pandemic, the matter is being
taken up by way of virtual Court proceeding.
The matter has been listed under the heading “For Orders” under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Section 420/379 of the Indian Penal Code.
Allegedly , the informant was cheated Rs. 49,000/- by two unknown persons in exchange of bundles of paper which was said to be Rs. Two lakhs but in fact, the same was only bundles of paper.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.16847 of 2020(2) dt.03-06-2020 2/2
petitioner. The petitioner is in custody since 01-02-2020. Charge sheet has already been submitted. The petitioner is not named in the FIR. The petitioner’s name transpired in this case on the basis of his self-confession made before the police. There is no recovery of any stolen article from possession of the petitioner. He has not been put on test identification parade.
On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Madhaura P.S. Case No. 840 of 2019.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
A.K.V.//- U T
2 issues framed by the court
Whether the petitioner eligible for bail considering his custody status pending self-confession arising out of the FIR.
Does the absence of naming in the FIR preclude bail grant under special lockdown circumstances.
2 provisions across 1 enactments
Ram Babu Sahni
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
