Nagendra Kumar @ Nagendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45391 of 2014 Arising Out of PS.Case No. -40 Year- 2014 Thana -CHAPRA CITY District- SARAN ====================================================== Nagendra Kumar @ Nagendra Singh, son of Late Ram Sumer Kuar resident of Village - Majhwaliya Khurd, Police Station - Baniayapur, District - Saran at Chapra.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satya Prakash, Adv. For the Opposite Party/s : Mr. Anusuaiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 28-01-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 420, 467, 468 of IPC. Allegation against the petitioner is that he deposited bank guarantee of Rs.3,95,000/- issued by the Punjab National Bank Chetan, Chapra for the settlement of Excise Group No. 98 for 2013-14. When the bank was asked to issue cheque in view of that guarantee it was found that no guarantee was issued in favour of the petitioner. The petitioner had filed fake guarantee. It is submitted that the petitioner is ready to deposit the amount of bank guarantee in instalments and he will pay the first instalment of Rs.1,50,000/- within a month and the rest amount will be deposited within further four months. Considering the facts and circumstances, the above

Patna High Court Cr.Misc. No.45391 of 2014 (2) dt.28-01-2015 2/2 named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra/court concerned in Chapra (Town) P. S. Case No. 40 of 2014 and a receipt showing the deposit of Rs.1,50,000/- in favour of the Excise Department with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence. He will go on filing the receipts before the Magistrate showing the deposit of the rest amount of Bank guarantee.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

It is made clear that the deposit of amount will be subject to the result of the case.

(Amaresh Kumar Lal, J) Kanchan/- U T