Md. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20387 of 2021 Arising Out of PS. Case No.-68 Year-2010 Thana- PANDAUL District- Madhubani ====================================================== Md. Shamim Son Of Late Abdul Gaffar R/O Vill.- Rampur, Sankorth, P.S.- Pandaul, Dist.- Madhubani ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr. Nirmal Kumar Sinha A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

13-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Pandaul P.S. Case No. 68 of 2020, corresponding to G.R. No. 1412 of 2010, registered for the offence under Sections 420, 406, 409 of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have fraudulently withdrawn Rs. 5,000/- (five thousand) from the account of account of Government Primary School by using forged signature on cheque of the complainant/informant, who is Secretary of Shiksha Samiti of Government Primary School, Padhmole, District - Madhubani.

It is submitted on behalf of petitioner that petitioner is headmaster of the school and due to old enmity, petitioner has been dragged in this case by the complainant/informant. Petitioner has got clean antecedent and he is in custody since

Patna High Court CR. MISC. No.20387 of 2021(2) dt.13-07-2021 2/2 30.12.2020. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Chief Judicial Magistrate, Madhubani, District - Madhubani in connection with Pandaul P.S. Case No. 68 of 2010, corresponding to G.R. No. 1412 of 2010, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T