Patna High Court - Orders
Bhadai Sao @ Bhadai Sah @ Chandan vs The State Of Bihar on 24 November, 2016
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40846 of 2016
Arising Out of PS.Case No. -50 Year- 2016 Thana -KOTWALI District- PATNA
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Bhadai Sao @ Bhadai Sah @ Chandan Son of Raman Sah resident of
Village- Dariyapur Ganjpar, Police Station- Athmalgola, District- Patna.
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioner/s : Mr. Ajay Mishra
For the Opposite Party/s : Mr. S. Ehteshamuddin
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
3 24-11-2016Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 419, 420, 406, 120(B) of the Indian Penal Code.
Petitioner is named in the first information report and it is alleged that petitioner and three others took huge amount from the informant in the name of business transaction and later on, they gave a proposal to informant to get indulge himself in the business of counterfeit notes.
Submission on behalf of the petitioner is that co- accused, Amit Tiwary @ Krishna Bihari Tiwary and Moti Chand Maurya having more or less similar allegation have already been Patna High Court Cr.Misc. No.40846 of 2016 (3) dt.24-11-2016 2/2 granted privilege of bail which has specifically been pleaded at para-13 of the petition and so far as petitioner is concerned, there is no documentary evidence to show that he had taken the amount in question from the informant.
No doubt, one notebook containing the name of several persons and mode of transactions is said to have been recovered from conscious possession of the petitioner and prior to institution of this case, petitioner had been made accused in a case registered under Sections 489A/34, 489B/34, 489C/34, 489D/34, 420, 467, 468, 471, 120B of the Indian Penal Code but admittedly, he has already been acquitted in the aforesaid case.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 50 of 2016.
(Hemant Kumar Srivastava, J) SHAHZAD/-
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