Petitioner sought anticipatory bail pending trial for alleged offence of cheating and forgery. Hon'ble Court granted bail upon furnishing of bail bond with two sureties. Application allowed.
Petitioner granted bail on surrender within six weeks by furnishing bond of Rs. 10,000 with two sureties of like amount.
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.18555 of 2020
Arising Out of PS. Case No.-430 Year-2018 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Dukhan Ram, male, aged about 65 years, Son of Saryu, Ram Resident of Village - Kurtha Dih, P.S.- Makhdumpur, Distt.- Jehanabad.
... ... Petitioner/s
Versus
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Opposite Party/s : Mr. Ajay Mishra, Adv. Ms. Archana Khopdey, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 10-07-2020
Heard Mr. Sunil Kumar, learned counsel for the petitioner and Mr. Ajay Mishra and Ms. Archana Khopdey, learned counsel for the Vigilance Department.
The petitioner seeks bail in anticipation of his arrest in connection with Makhdumpur (Tehta O.P.) P.S. Case No. 430 of 2018, dated 21.11.2018, instituted for the offences under Sections 420, 467, 468, 471 and 120(B) of
Patna High Court CR. MISC. No.18555 of 2020(2) dt.10-07-2020 2/3
the Indian Penal Code.
The allegation against the petitioner is that as Mukhiya, he made certain appointments of Panchayat Teachers and one such appointee was found to have been inducted in service on fake academic certificates.
The accusation levelled against the petitioner was not found to be correct during the course of investigation and, therefore, charge-sheet was submitted against others. However, differing with the police report, cognizance has been taken against the petitioner also.
Learned counsel for the petitioner has brought on record several orders passed by this Court granting bail to other accused persons on similar allegation.
Regard being had to the afore-stated facts, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate,
Patna High Court CR. MISC. No.18555 of 2020(2) dt.10-07-2020 3/3
Jehanabad in connection with Makhdumpur (Tehta O.P.) P.S.
Case No. 430 of 2018, subject to the conditions laid down
under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J)
Praveen-II/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with the herein mentioned case pending in the Sessions Court, Jehanabad.
1 provisions across 1 enactments
Dukhan Ram
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
