Md. Sakil Ahmad @ Shakeel Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56110 of 2017 Arising Out of PS.Case No. -148 Year- 2017 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Md. Sakil Ahmad @ Shakeel Ahmad, S/o Md. Kasim, Resident of VillageMustaphapur, P.S.- Bibhutipur, District- Samastipur, Bihar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks regular bail in connection with Udwantnagar P.S. Case No. 148 of 2017, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code and under Section 138 of the N.I. Act. Allegation as per the FIR is that the informant gave Rs. 7 lakhs to the petitioner at the house of Vimlesh Singh and further gave Rs. 5 lakhs to the petitioner through RTGS on different dates and on his demand he issued two cheques of Rs. 8 lakhs and Rs. 4 lakhs but they were dishonoured. It has been submitted on behalf of the petitioner that the case is under N.I. Act and other Sections of the Indian Penal

Patna High Court Cr.Misc. No.56110 of 2017 (2) dt.23-11-2017 Code and the dispute is of civil nature. The petitioner is in custody for 41⁄2 months.

Having heard both sides, in view of the above facts, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 148 of 2017, subject to the following conditions:

(i). One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii). The petitioner will not induce any witness or tamper with the evidence.

(iii). The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) KKSINHA/- U T