Munmun Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27681 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -BEUR District- PATNA ======================================================

1. Munmun Pandey Son of Late Bhagwat Pandey, Resident of villageNagari, P.S.- Charpokhari, District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivanand Singh For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

Petitioner seeks bail in connection with Beur P.S. Case No. 78 of 2015 registered for the offences punishable under Sections 406, 420, 467 and 138 of Negotiable Instrument Act. Allegedly the petitioner along with one Dharmendra went before the informant and demanded Rs. one lac by way of help however, the informant arranged Rs. 75,000/- and gave the same to the petitioner and the petitioner handed over a post-dated cheque but the same was dishonored as the account was closed which was not in the name of the petitioner. However, after search, the informant got the address of the petitioner and then lodged this case.

Patna High Court Cr.Misc. No.27681 of 2015 (3) dt.14-10-2015 2/3 Submission if of false implication and that at the instigation of Advocate Puroshatam pandey, the petitioner is being implicated falsely in several cases and in this case also he has been implicated at his instance. The petitioner has been enlarged on bail in other cases. Cause of enmity between the family of the learned advocate and the petitioner is the M.V. claim case no. 24 of 1994 filed by the son of the petitioner wherein, the father of the learned advocate has been directed to pay a sum of Rs. 25,000/- as interim compensation as his tractor was not insured and the petitioner is suffering in custody since 02.05.2015.

Learned A.P.P. fairly submits that considering the detention of the petitioner now lenient view can be taken. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate, 1st class, Patna arising out of Beur P.S. Case No. 78 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part

Patna High Court Cr.Misc. No.27681 of 2015 (3) dt.14-10-2015 3/3 without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U