Hon'ble Justice Rajesh Kumar Verma allowed the petitioner's bail application granted bail on Rs. 10,000 with sureties in a cheating and related offences case noting delay in trial and clean antecedents.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38719 of 2023
Arising Out of PS. Case No.-53 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura
======================================================
Chandan Kumar Son of Chandrakant Prasad Resident of village - Mohabbatpur, P.S. - Sheikhopur Sarai, Distt. - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
4 10-11-2023
Heard Mr. Dr. Anjani Pd. Singh, learned counsel for
the petitioner and Mr. Md. Ataur Rahman, learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.38719 of 2023(4) dt.10-11-2023 2/4
implicated in the present case. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. He further submits that similarly situated, co-accused, namely, Guddu Yadav has been granted bail by this Court vide order dated 22.03.2023 passed in Cr. Misc. No. 2905 of 2023 and another co-accused, namely, Sujeet Kumar @ Sujit Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 10.05.2023 passed in Cr. Misc. No. 14376 of 2023. The petitioner is in custody since 16.04.2022.
Patna High Court CR. MISC. No.38719 of 2023(4) dt.10-11-2023 3/4
vehemently opposed the prayer for bail of the petitioner.
let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 53 of 2022, subject to the following conditions:-
i. 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order
Patna High Court CR. MISC. No.38719 of 2023(4) dt.10-11-2023 4/4
shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving offences under Sections 419, 420, 467, 468, 471, 120B/34 of the Indian Penal Code considering clean antecedents and delayed trial.
1 provisions across 1 enactments
Chandan Kumar
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
