The Patna High Court granted bail to the petitioner in Maner P.S. Case No. 242 of 2019 involving offences under Sections 406, 420 IPC and Section 138 NI Act. Bail was granted despite antecedents on furnishing a bond with two sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with 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.28045 of 2020
Arising Out of PS. Case No.-242 Year-2019 Thana- MANER District- Patna
======================================================
RAM BABU RAI Son of Late Ramjasi Rai Resident of Village- Hira Tola, Sherpur, P.S.- Maner, District- Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prashant Kashyap For the Opposite Party/s : Mr.Ashok Kumar Singh-I, APP ====================================================== 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 Maner P.S. Case No. 242 of 2019 for the offence under Sections 406 and 420 of the Indian Penal Code and Section 138 of the N.I. Act.
Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. In fact, the petitioner has paid all the due amount to the informant and statement to that effect has been recorded in the supplementary affidavit filed on behalf of the petitioner. Now nothing remains in this case for which
Patna High Court CR. MISC. No.28045 of 2020(4) dt.15-12-2020 2/2
the petitioner may be prosecuted. The petitioner is rotting in judicial custody since 24.10.2019. Hence, the petitioner may be enlarged on bail.
Learned A.P.P. for the State has opposed the prayer for bail and submitted that the petitioner is having antecedent of altogether seven cases except this case.
Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st , Class, Danapur in connection with Maner P.S. Case No. 242 of 2019/ G.R. Case No. 1814 of 2019.
(Arvind Srivastava, J)
brajesh/-
U T
3 issues framed by the court
Whether the petitioner should be released on bail in connection with offences under Sections 406, 420 IPC and Section 138 NI Act.
Whether the petitioner's submission that dues were paid warrants extension of bail.
Whether the petitioner's antecedents bar the grant of bail.
2 provisions across 2 enactments
Ram Babu Rai
The State of Bihar
Santosh Kumar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
