Single judge order granting bail to petitioner in a cheating case. Court granted bail on personal bond with two sureties upon completion of investigation and absence of criminal antecedents, subject to standard conditions.
Petitioner released on bail bond of Rs. 20,000 with two sureties of like amount each, subject to specified conditions.
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.9636 of 2020
Arising Out of PS. Case No.-64 Year-2019 Thana- SUGAULI RAIL P.S. District- West Champaran
======================================================
SUSHIL KUMAR MAHTO Son of Shankar Kumar Mahto Resident of Village - Charaut Mathiyani, P.S.- Pupari, Distt.- Sitamarhi, Present add.Village - Chapkahiya, In the house of Rajeshwar Sah, Ward No.01, P.S.- Birta, Distt.- Parsa.Nepal.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar, Adv For the Opposite Party/s : Mr.Shantanu Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 05-06-2020
The matter has been taken up through video
conferencing.
Heard the parties.
Petitioner seeks bail in a case registered for the offences punishable under Section 401 of the Indian Penal Code.
A stolen property was recovered from possession of the petitioner at the railway platform. Petitioner is in custody since 15.11.2019. Investigation of the case is already complete. Petitioner has stated on oath that he has got no criminal antecedent.
Considering the period already undergone by the
Patna High Court CR. MISC. No.9636 of 2020(3) dt.05-06-2020 2/2
petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sugauli Rail Police Station Case No.64 of 2019 with following conditions:
(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.
(Birendra Kumar, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in a case under Section 401 IPC after completion of investigation.
2 provisions across 2 enactments
Sushil Kumar Mahto
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
