The Patna High Court granted regular bail to the petitioner in a cheating case, noting the absence of criminal antecedents and invoking lockdown guidelines during bond furnishing.
Petitioner released on bail with a bond of Rs. 25,000/ and 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.18650 of 2020
Arising Out of PS. Case No.-6 Year-2020 Thana- BAGHA District- West Champaran
======================================================
RAVI KUMAR YADAV Son of Arjun Prasad Yadav @ Arjun Kumar Yadav Resident of Village - Ahirani Tola, P.S.- Bagaha, District- West Champaran (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vishwajeet Kumar Mishra For the Opposite Party/s : Mr.Md. Aslam Ansari ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 05-06-2020
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.
The petitioner seeks regular bail in connection with Bagaha Police Station Case No. 06 of 2020, registered for the offences punishable under Section 406/420/467/468/471 of the Indian Penal Code.
The allegation against the petitioner is that the petitioner introduced himself as the agent of Nidhi Limited and persuaded the informant to become member of the said company for the purpose of grant of loan of Rs. 1,00,000/-. The informant, accordingly, paid a sum of Rs. 1350/- to the
Patna High Court CR. MISC. No.18650 of 2020(2) dt.05-06-2020 2/3
petitioner and filled up a form of the said company for becoming a member for the purpose of loan, but no loan was provided to him.
Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. He further submits that the informant himself submitted the membership form and deposited the requisite amount with the company and the petitioner is only an employee of the said company. He further submits that the petitioner is in judicial custody since 04.01.2020.
After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and he is in custody since 04.01.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/(twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, West Champaran, at Bagaha, in connection with Bagaha Police Station Case No. 06 of 2020.
It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding
Patna High Court CR. MISC. No.18650 of 2020(2) dt.05-06-2020 3/3
lockdown and social distancing.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
2 issues framed by the court
Whether the petitioner should be granted regular bail in connection with the registered case.
Whether the petitioner has any criminal antecedents affecting bail eligibility.
1 provisions across 1 enactments
Ravi Kumar Yadav
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
