Mithlesh Kumar v. The State of Bihar
Case brief
What is this about?
Conditional bail grant; apprehension of arrest; IPC sections 467 468 471 420 406 (forgery, personation, cheating, misappropriation cluster); money taken for filing income-tax returns and not repaid; instalment-based repayment conditions imposed by granting court; bail bond Rs.10,000 with two sureties; satisfaction of CJM Nalanda at Biharsharif; conditions under section 438(2) CrPC; cancellation of bail bonds on breach; Patna High Court; Justice Prabhat Kumar Singh; CR. MISC. No.19483 of 2024; dt. 26-10-2024; Laheri Police Station Case No. 521 of 2023; District Nalanda; petitioner Mithlesh Kumar; opposite parties The State of Bihar and Indian Overseas Bank, Bihar Sharif (Ramchandrapur); informant repayment totals Rs.1,11,440 (Rs.50,000 bank draft + Rs.61,440 in six instalments).
What did the court decide?
Conditional bail granted: in the event of arrest/surrender within eight weeks, enlargement on bail on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in Laheri Police Station Case No. 521 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure; with court-imposed repayment conditions (Rs.50,000/- to the informant by bank draft, copy furnished with the bail bonds; remaining Rs.61,440/- in six equal instalments within six months) and liberty to the court below to cancel the bail bonds on breach.