This court granted bail to the petitioner, father of the main accused in a cheating case, noting that the investigation was completed with a charge-sheet submitted and allegations primarily targeted his son.
Release the petitioner on bail by furnishing bond of Rs.10,000 with two sureties of like amount to JM 1st Class, Patna.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64677 of 2022
Arising Out of PS. Case No.-55 Year-2020 Thana- NADI P.S. District- Patna
======================================================
BIRENDRA SINGH @BIRENDRA PRASAD SINGH S/o Ramishwar Singh @ Rameshwar Prasad Singh R/o Mohalla- Gulmahiya Bagh Fatuha POKachhi Dargah, P.S.- Didarganj, Distt- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 22-02-2023
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Nadi P.S. Case No. 55 of 2020 registered for the offence under Sections 420 and 406 of Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.
The allegation against the petitioner is to cheat about Rs. 96,000/- alongwith his son/co-accused from informant on pretext of securing bank loan of Rs. 13 lakhs.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.64677 of 2022(2) dt.22-02-2023 2/3
submitted that from the bare perusal of the F.I.R., the thrust of allegation appears available against the son of the petitioner. It is further submitted that at no point of time cheque of Rs. 25,000/- or in cash, as alleged through F.I.R. was given to this petitioner. It is also submitted that only for the reason that petitioner is the father of the main accused, has been implicated falsely in present case. While concluding the argument, it has been submitted that petitioner was involved in one more criminal case, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, duly assisted by learned counsel appearing on behalf of the informant opposes the prayer of bail. Considering the facts and circumstances as mentioned above, as petitioner is the father of the main accused, where thrust of allegation is available against his son, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Nadi P.S. Case No. 55 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 learned JM 1st Class at Patna
Patna High Court CR. MISC. No.64677 of 2022(2) dt.22-02-2023 3/3
City, District- Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
Archana/-
U T
1 issue framed by the court
Whether the petitioner, a father implicated falsely, shall be granted bail in a cheating case where charge-sheet has been submitted and investigation completed.
1 provisions across 1 enactments
Birendra Singh @ Birendra Prasad Singh
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
