The High Court at Patna granted regular bail to Babulal Kumar, accused of cheating and unlawful acquisition under IPC 413, 414, citing the release on bail of a co-accused and lengthy custody.
Petitioner released on regular bail on furnishing a bond of Rs. 20,000 with two sureties.
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.19445 of 2020
Arising Out of PS. Case No.-5 Year-2020 Thana- MADHUBAN District- East Champaran
======================================================
Babulal Kumar @ Suraj Kumar aged about 21 years (male) Son of Harinand Bhagat @ Harinan Prasad, resident of village - Pakariya, Police Station - Madhuban, District - East Champaran.
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 10-06-2020 Heard Mr. Anil Kumar, learned counsel for the
petitioner and Dr. Ajeet Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.
The petitioner seeks regular bail in connection with Madhuban P.S. Case No. 05 of 2020 registered for the offence punishable under Section 413, 414 of the Indian Penal Code, 1860 .
The allegation against the petitioner is that upon confessional statement of the co-accused Ram Pravesh Kumar one stolen Apache motorcycle was recovered from the house of the petitioner.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as the said motorcycle was recovered from near the Bus Stand. Learned counsel further submits that co-accused Ram Pravesh Kumar from whose possession two stolen Tempoos were recovered has been granted bail by this Court in Cr. Misc. No.
Patna High Court CR. MISC. No.19445 of 2020(2) dt.10-06-2020 2/2
18192 of 2020. Learned counsel also submits that petitioner is in custody since 06.01.2020.
Having regard to the submissions made by the parties and taking into consideration the fact that co-accused has been granted bail by this Court and the petitioner is in custody since 06.01.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/(twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 4th , Motihari, East Champaran in connection with Madhuban P.S. Case No. 05 of 2020.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
praful/-
(Anil Kumar Sinha, J)
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner in the case of cheating and unlawful acquisition of stolen property.
1 provisions across 1 enactments
Babulal Kumar @ Suraj Kumar
The State Of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
