Petitioner in custody for alleged cheating over a land agreement and cash payment was released on regular bail by the Patna High Court considering the facts and the custody period.
Released on bail on furnishing bail bonds of Rs. 10,000 with two sureties to the satisfaction of the Judicial Magistrate, Danapur, Patna
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60960 of 2023
Arising Out of PS. Case No.-39 Year-2023 Thana- RANIYATALAB District- Patna
======================================================
Mumtaj Yadav Son Of Krishna Yadav R/O Vill - Patut, P.S. - Rani Talab, Dist. - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prakritita Sharma For the Opposite Party/s : Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 06-12-2023
Heard learned counsel for the petitioner,
informant 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, 420, 504, 506, 34 of the Indian Penal Code.
The prosecution case as per F.I.R is that the informant executed an agreement with the petitioner and other co-accused persons for a plot of land and paid Rs.
5,81,000/- as cash to the accused persons in different
dates but neither sale deed was executed nor money
Patna High Court CR. MISC. No.60960 of 2023(3) dt.06-12-2023 2/3
was returned and when the informant demanded his money back, the accused persons abused and threatened of dire consequences.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no documentary proof with regard to any cash being handed over to the petitioner. Moreover, the case relates to civil in nature for which, criminal prosecution has been lodged against the petitioner. The petitioner is languishing in custody since 06.03.2023.
In contra, learned A.P.P appearing on behalf of
the State has vehemently opposed the prayer for bail of the petitioner.
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 Judicial Magistrate,
Patna High Court CR. MISC. No.60960 of 2023(3) dt.06-12-2023 3/3
Danapur, Patna in connection with Rani Talab P.S. Case
No. 39 of 2023.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner in custody since 06.03.2023 for offences under Sections 406, 420, 504, 506, 34 IPC should be released on bail.
1 provisions across 1 enactments
Mumtaj Yadav
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
