In an oral order, the Patna High Court granted bail to a petitioner accused of multiple offences including cheating and dishonestly inducing delivery of property, pending investigation.
Release 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.14187 of 2022
Arising Out of PS. Case No.-709 Year-2021 Thana- SAHARSA SADAR District- Saharsa
======================================================
Bana Thakur @ Bana Kumar Thakur Son Of Late Niraj Thakur @ Jhakkas Thakur Resident Of Village And P.O.- Rahuamani, Ward No.- 9, P.S.Bangaon, District - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Diwakar Prasad Singh For the Opposite Party/s : Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 02-02-2023
Heard learned counsel for the petitioner and
learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a
case registered for the offences punishable under Sections 406, 409, 420, 120(B), 467, 468, 471, 34 of the Indian Penal Code.
The prosecution case as per F.I.R is that ten persons filed a complaint alleging that petitioner along with others in collusion with bank officials took signatures of informants and many other co-villagers on different papers in the name of getting them loan from
Patna High Court CR. MISC. No.14187 of 2022(4) dt.02-02-2023 2/3
the bank. The informants further alleged that petitioner in collusion with others got fake receipts issued pertaining to their land and by making fake signatures withdrew loan amount from their accounts. After sometime they received notice from the bank for settlement of case in Lok Adalat to be convened on 11.09.2021 and when they came to Lok Adalat, none of the bank officers were present there. In this way, the petitioner along with others and bank officers embezzled about eight crores of hard earned money of the innocent people.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner does not hold any post in the bank and the discrepancies, if any, were made in sanctioning of the loan amount, the petitioner cannot be held responsible. There is no documentary proof to show that petitioner has received any money from the beneficiaries. In course of investigation, the
Patna High Court CR. MISC. No.14187 of 2022(4) dt.02-02-2023 3/3
Bank has replied that no complaint regarding illegal withdrawal was made in the bank. The petitioner is in custody since 14.09.2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 709 of 2021.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner charged with offences under the IPC should be granted bail after languishing in custody for a significant period.
1 provisions across 1 enactments
Bana Thakur @ Bana Kumar Thakur
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
