In a bail application under sections 420 and 120B IPC, the Patna High Court, considering the petitioner's custody period and the bail granted to a co-accused, ordered his release on bail upon furnishing a bond with two sureties.
Order directed to enlarge the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.17426 of 2021
Arising Out of PS. Case No.-317 Year-2020 Thana- PIRBAHOR District- Patna
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YOGENDRA SHARMA S/O SRI YOGESHWAR MISTRI R/O VILLAGEWENA, P.O-WENA, P.S-WENA, DISTRICT-NALANDA 803110, BIHAR
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Ranjan, Adv. For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-09-2021
Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 420 and 120B of the Indian Penal Code.
As per the prosecution case, the three accused persons including the petitioner herein as also one Abhijeet Kumar made an attempt to cheat the jewellers.
It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. The petitioner is innocent and has been falsely implicated in the case. The petitioner is in custody since 20.8.2020 and has no criminal antecedent. His case stands on a similar footing to that of a co-accused Abhijeet Kumar who has
Patna High Court CR. MISC. No.17426 of 2021(3) dt.21-09-2021 2/2
been enlarged on bail vide order dated 28.6.2021(Annexure-3) passed in Cr. Misc. no.12191 of 2021.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the period in custody and grant of bail to co-accused, the Court directs the petitioner to be enlarged on bail in connection with Pirbahore P.S. Case no.317 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna.
(Partha Sarthy, J)
Saurabh/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a cheating case.
Whether granting bail considering custody period and bail of co-accused is appropriate in the facts of the case.
1 provisions across 1 enactments
Yogendra Sharma
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
