Court enlarged petitioner on regular bail in a cheating case. No incriminating material was collected during investigation. Bail granted on conditions of cooperation and no tampering with evidence.
Petitioner enlarged on bail on furnishing bond of Rs.10,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2840 of 2021
Arising Out of PS. Case No.-175 Year-2020 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Jay Ghanshyam Patel Alias Ghanshyam Patel S/o Sri Ramdeni Ray R/V.Chaupar Madan, P.S.- Bochahan, Distt.- Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party : Mr.Khurshid Alam, Addl Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 14-06-2021
This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the petitioner and the State.
The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 420 and other ancillary sections of the Indian Penal Code.
As per the prosecution case, petitioner and other accused person took Rs.16 lacs for selling out a piece of land to the informant but they did not execute the sale deed and when the informant asked them to refund the same, they threatened her with dire consequences.
Learned counsel for the petitioner submits that no such occurrence took place. He submits that in fact petitioner is husband of Mukhia of a Gram Panchayat where the informant
Patna High Court CR. MISC. No.2840 of 2021(3) dt.14-06-2021 2/3
has been working as Aawas Sahayka and when petitioner’s wife forwarded some complaints against the informant to the Block Development Officer, the informant lodged the instant false case against him. No incriminating material has been collected against the petitioner during course of investigation. Petitioner is in custody since 5.2.2020.
Considering the facts and circumstances of the case and the fact that no incriminating material has been collected against the petitioner during course of investigation and he is in custody since 25.2.2020, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Ahiyapur Police Station Case No. 175 of 2020 from the Court of Chief Judicial Magistrate, Muzaffarpur 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.2840 of 2021(3) dt.14-06-2021 3/3
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether the petitioner, arrested for offences under Section 420 IPC, should be enlarged on bail after investigation did not yield incriminating material.
Jay Ghanshyam Patel Alias Ghanshyam Patel
The State of Bihar
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
