Nand Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17849 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== NAND LAL SAH Son of Late Om Prakash Sah Resident of Village - Dhusmuri Bishanpur, P.S.- Khagaria (Muffasil), District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Khagaria Police Station Case No. 24 of 2019, disclosing offences under Sections 409/420/120B/34 of the Indian Penal Code.

The allegation against the petitioner, as pe the First Information Report, lodged by one Murari Yadav, is that the petitioner after forging the signature of the informant and his wife had withdrawn amount from the District Co-operative Bank, Khagaria.

Learned Counsel for the petitioner submits that the petitioner is quite innocent and has been falsely implicated with oblique motive. He further submits that the police, after

Patna High Court CR. MISC. No.17849 of 2019(5) dt.29-07-2019 2/3 investigation, has found that the cheques were signed by the informant as well as his wife and on the basis of the signatures made by the informant and his wife, the money was withdrawn by them and not by the petitioner, as alleged. On the other hand, learned Additional Public Prosecutor submits that in paragraphs 39 and 40 of the case diary, it has come to light that the signatures on the cheques were of the informant and his wife.

After having heard learned Counsel for the parties and taking into consideration the fact that the cheques were found to be signed by the informant and his wife in front of the Manager, this application is allowed.

Let the petitioner, Nand Lal Sah, in the event of his arrest or surrender before the Court below within four weeks, 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, Khagaria, in connection with Khagaria Police Station Case No. 24 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as

Patna High Court CR. MISC. No.17849 of 2019(5) dt.29-07-2019 3/3 and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √