The Patna High Court granted bail to the petitioner who was facing charges under IPC Sections 406, 420 and NI Act Section 138. The court ordered release on personal bond pending consideration by the C.J.M.
Release of the petitioner on personal bond to the satisfaction of the C.J.M., Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1066 of 2019.
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.24949 of 2020
Arising Out of PS. Case No.-1066 Year-2019 Thana- AHIYAPUR District- Muzaffarpur
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RAGHUNATH SAH Son of Ram Bilas Sah Resident of Village- Bikhanpur, P.S.- Ahiyapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv. For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP For the Informant : Mr. Manindra Kishore Singh, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 1066 of 2019 for the offence under Sections 406 and 420 of the Indian Penal Code and under Section 138 of N.I. Act.
Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. In fact, this case is counter blast case of Ahiyapur P.S. Case No. 973 of 2019 which was lodged by the petitioner for theft and misuse of his certain cheques.
Patna High Court CR. MISC. No.24949 of 2020(3) dt.04-12-2020 2/2
Moreover, the parties are having dispute relating to a piece of land for which a title suit being T.S. No. 605 of 2019 is also pending and on account of that this petitioner has falsely been implicated in this case. As a matter of fact, no chit of paper showing the loan of 40 Lakhs against the petitioner is produced anywhere by the informant which itself falsifies the allegation levelled in the F.I.R. Therefore, no case under Section 138 of the N.I. Act is made out against the petitioner. The petitioner is rotting in judicial custody since 12.05.2020.
Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No. 1066 of 2019.
(Arvind Srivastava, J)
Brajesh/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in connection with PS. Case No. 1066 of 2019.
Whether sufficient material is present to sustain the charge under Section 138 of the N.I. Act.
2 provisions across 2 enactments
Raghunath Sah
The State of Bihar
Kumari Punam Verma
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
