Patna High CourtCR. MISC./28358/2016bail granted

Mantosh Kumar v. State Of Bihar And ANR

2016-07-14Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 28358 of 2016 Arising out of P.S. Case No. -845 Year- 2015 Thana -PATNA COMPLAINT CASE District- PATNA =================================================== Mantosh Kumar Son of Late Vishundeo Singh Resident of village - Aunta, P.S. Hathidah, Distt. - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mukesh Kumar Son of Late Shyamnandan Sharma Resident of Village - Ghansurpur, P.O. Salimpur, District - Patna.

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

For the Petitioner/s : Mr. Rajan, Adv. For the Opposite Party/s: Mr. APP.

=================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

14.07.2016 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 420 and 465 of the Indian Penal Code and Section 138 of the N.I. Act.

Considering that the Petitioner was not the drawer of the cheque and has fair antecedents, let him be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in connection with Complaint Case No. 845(C) of 2015 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will

Patna High Court Cr.Misc. No.28358 of 2016 (2) dt.14-07-2016 give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

Vikash/- (Anjana Prakash, J.) U T