Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24003 of 2021 Arising Out of PS. Case No.-515 Year-2020 Thana- KOTWALI District- Patna ====================================================== VIVEK KUMAR, S/o Lalan Singh, Resident of Karma Baratpur (Basantpur), P.S.- Simra, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 05-08-2021 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

As per written report on 27.12.2020 a cheque of Rs. 4 crore 50 lakhs was submitted to the Main Branch, Bank of India by the petitioner which was issued by a firm Tree Inpax to the beneficiary Satyam Sri, but on verification the said cheque was found forged.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court CR. MISC. No.24003 of 2021(4) dt.05-08-2021 2/3 falsely implicated in this case. Petitioner works as Project Cocoordinator in Mangalam Associate since 2014 and on the instruction of the Manager he submitted said cheque to the bank. The petitioner has got no connection with Satyam Sri (the beneficiary of cheque amount) in any manner. Petitioner has no criminal antecedent and is in custody since 30.12.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Patna in connection with Kotwali P.S. Case No. 515 of 2020, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.24003 of 2021(4) dt.05-08-2021 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T