In a bail petition under the Indian Penal Code regarding cheating and criminal conspiracy, the High Court granted regular bail to the petitioner, noting clean antecedents and the filing of the charge sheet.
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.7987 of 2022
Arising Out of PS. Case No.-242 Year-2021 Thana- BELDOUR District- Khagaria
======================================================
Vishal Kumar @ Shakti Son Of Jodhan Paswan @ Yodhan Paswan, Resident Of Village- Kaithi, P.S.- Choutham, Dist- Khagaria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar Pandey, Adv. For the Opposite Party/s : Mr.Jagdhar Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 14-06-2022
Heard counsel for the petitioner and the learned A.P.P.
for the State.
The petitioner seeks regular bail in connection with Beldaur P.S. Case No. 242 of 2021 lodged under Sections 414,420,120(B)/34 of the Indian Penal Code, 1860.
As per the F.I.R., the allegation against the petitioner is that he is involved in thagi by selling brass in the name of gold alongwith other five co-accused persons.
Learned counsel for the petitioner submits that petitioner is not directly involved in any transaction of business rather on the statement of Rahul Kumar, the name of the present petitioner has figured in this case. He further submits that petitioner is in custody since 16.10.2021, charge sheet has already been filed in this case and petitioner has clean
Patna High Court CR. MISC. No.7987 of 2022(2) dt.14-06-2022 2/2
antecedent. He also submits that another co-accused Bipin Yadav and Rahul Kumar were granted bail by this Court in Cr. Misc. No.4430 of 2022 and Cr. Misc. No.4939 of 2022 vide order dated 09.06.2022.
Learned A.P.P. has opposed the prayer for bail.
Considering the facts that charge sheet has already been filed in this case and petitioner is in custody since 16.10.2021 having clean antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Beldaur P.S. Case No.242 of 2021.
(Dr. Anshuman, J)
ravishankar/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in a case of cheating and criminal conspiracy where the charge sheet has been filed and antecedents are clean.
Vishal Kumar @ Shakti
The State of Bihar
Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
