Lakshuman Singh @ Lakshman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19099 of 2020 Arising Out of PS. Case No.-68 Year-2018 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== Lakshuman Singh @ Lakshman Singh, Son of Ramashish Singh, Resident of Village- Shiswar, P.S.- Karamchat, District- Kaimur at Bhabhua. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sumeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-05-2020 Heard Mr. Sumeet Kumar Singh, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned Additional Public Prosecutor for the State via video conferencing. This application has been filed by the petitioner for grant of bail in connection with Karamchat P.S. Case No.68 of 2018 registered under Sections 467 and 409 read with 34 of the Indian Penal Code.

The contention of the petitioner is that no offence as alleged in the first information report has been committed by the petitioner. The petitioner being a supplier had supplied building materials for development work as per the demand by the informant, who is the ward member of Rampur Panchayat at Kurari and also a contractor of 'Sat Nischay Schemes' in his Panchayat and he had issued two cheques in favour of the petitioner, which were credited to his account by the bank after

Patna High Court CR. MISC. No.19099 of 2020(2) dt.18-05-2020 2/2 proper verification of issuance of cheques by a genuine person. It is further contended that there is neither any over-writing nor any manipulation on the cheques and both the cheques were validly issued by the informant and his secretary in their own pen. Per contra, learned counsel for the State has opposed the application for grant of bail to the petitioner. He submitted that though the petitioner had supplied building materials under the Sat Nischay Schemes and was handed over a cheque of Rs.85,000/-, but by manipulation and forgery he withdrew Rs.8,50,000/-. He also withdrew Rs.6,45,000/- by forging signature of the informant and his secretary.

Regard being had to the allegations made in the first information report and the submissions advanced on behalf of the parties, the petitioner, who is in custody since 20.02.2020, is directed to be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Karamchat P.S. Case No.68 of 2018.

(Ashwani Kumar Singh, J.) Sanjeet/- U T