High Court allowed petitioner's application for pre-arrest bail in a cheating case, holding the complaint vexatious due to lack of written agreement or bank transaction evidence, noting the dispute appears civil in nature.
Petitioner directed to be released on pre-arrest bail on furnishing bond of Rs. 10,000 with two sureties within four weeks.
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.14100 of 2024
Arising Out of PS. Case No.-602 Year-2022 Thana- ROHTAS COMPLAINT CASE DistrictRohtas
======================================================
Jagjeet Singh Son of Late Dayal Singh Resident of 474A, G.T. Road, Manish Hugali, P.S.- Hugali, District- Hugali (West Bengal)
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Ms. Kanak Verma, Advocate. Mr. Prabhat Kumar, Advocate. For the Opposite Party/s : Mr.Uday Pratap Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
2 14-03-2024 Heard Ms. Kanak Verma, learned counsel along with
Mr. Prabhat Kumar, learned counsel appearing on behalf of the petitioner and Mr. Uday Pratap Singh, learned APP for the State.
Patna High Court CR. MISC. No.14100 of 2024(2) dt.14-03-2024 2/4
been paid to the petitioner who is the owner of the truck.
Patna High Court CR. MISC. No.14100 of 2024(2) dt.14-03-2024 3/4
contract and the petitioner instead of showing his bonafide by filing a suit for specific performance of contract has come before this Court for grant of pre-arrest bail.
Patna High Court CR. MISC. No.14100 of 2024(2) dt.14-03-2024 4/4
Anr. Vs. The State of Karnataka & Anr. reported in 2024
LiveLaw (SC) 228, has observed as follows:
“ Firstly, the dispute between the parties is primarily, civil in nature. It is after all a question of how many bicycles the complainant had assembled and the dispute between the parties is only regarding the figure of bicycles and consequently of the amount liable to be paid. This is a civil dispute. The complainant has not been able to establish that the intention to cheat the complainant was there with the appellants right from the beginning. Merely because the appellants admit that only 28,995 bicycles were assembled, but they have admittedly paid an amount of Rs. 62,01,746/- to the complainant, which is of a much higher number of bicycles, would not prove that the intention of the appellants right from the beginning was to cheat.”
and 406 of the Indian Penal Code. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-cum-Sub Judge-VI, Rohtas, Sasaram in connection with Complaint Case No. 602 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J)
mantreshwar/-
U T
3 issues framed by the court
Whether oral agreement for sale of truck supported allegations punishable under Sections 406 and 420 IPC.
Whether petitioner has prima facie case to be released on pre-arrest bail given lack of written evidence.
Whether complaint lacks intent to cheat required for offenses under Sections 406 and 420 IPC.
Colour shows how this judgement treated each authority
Naresh Kumar & Anr. Vs. The State of Karnataka & Anr.Explained¶26
Naresh Kumar & Anr. Vs. The State of Karnataka & Anr. reported in 2024 LiveLaw (SC) 228
2 provisions across 2 enactments
Jagjeet Singh
State of Bihar
Ram Darash Rai
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
