The Patna High Court granted bail to the petitioner in a case under Section 409 IPC, noting the repayment of alleged defalcated money and lack of criminal antecedents, with conditions to cooperate in trial. Order was via oral pronouncement.
Petitioner released on bail with bond of Rs.10,000 and 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.736 of 2020
Arising Out of PS. Case No.-274 Year-2019 Thana- BELHAR District- Banka
======================================================
Sailesh Kumar Pandit @ Shailesh Kumar Pandit Son of Late Gulabi Pandit Resident of Village-Bara, P.S.-Belhar, District-Banka.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Brij Nandad Prasad, Advocate For the Opposite Party : Mr.Umeshanand Pandit, Addl Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 19-02-2020
Heard learned counsel for the petitioner as well as learned counsel for the State.
Petitioner apprehends arrest in a case registered for the offences punishable under Section 409 of the Indian Penal Code.
Learned counsel for the petitioner, referring to paragraph 8 of the bail petition, submits that the petitioner after realizing his mistake, has already deposited the alleged defalcated money to the tune of Rs.4,20,000/-in the Government Account in UCR at Belhar on 19.2.2019 with Receipt no. A 1149, copy of the receipt contained in Annexure 2 to the bail petition. Petitioner has got no criminal antecedent.
Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.736 of 2020(2) dt.19-02-2020 2/2
Magistrate, Banka in Belhar Police Station Case No. 274/2019, on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J)
Shashi
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case for offences under Section 409 of the Indian Penal Code
Whether the conditions for granting bail should include repayment of defalcated money and cooperation in trial
1 provisions across 1 enactments
Sailesh Kumar Pandit @ Shailesh Kumar Pandit
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
