Shatrughan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54412 of 2017 Arising Out of PS.Case No. -402 Year- 2015 Thana -BARAUNI District- BEGUSARAI ====================================================== Shatrughan Kumar presently posted as Assitant Cum Cashier, State Bank of India, Bihar, Chandani Chowk Branch, S/o Late Sudama Singh, R/o Village- Barahiya, P.S.- Barahiya, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Om Prakash Maharaj, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Barauni (F.C.I.) P.S. Case No. 402 of 2015 instituted for the offence under Sections 420,467,468 and 471 of the IPC.

It has been submitted on behalf of the petitioner that he is not named in the written report. There is allegation against one Ram Niwas Singh, that when cheque was produced in the bank by Ram Niwas Singh amounting Rs. 12,11,000/-, the bank enquired from the drawer of the cheque, then it is disclosed that he issued a cheque amounting only Rs. 2,11,000/-.There is specific allegation against Ram Niwas Singh of manipulating the cheque which was issued to him, who has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 10.05.2016 in Cr.

Patna High Court Cr.Misc. No.54412 of 2017 (2) dt.14-11-2017 2/2 Misc. No. 12401 of 2016.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount in connection with Barauni (F.C.I.) P.S. Case No. 402 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Begusarai subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tamper 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.