Arbind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51054 of 2014 Arising Out of PS.Case No. -4008 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Arbind Kumar Singh S/o Late Dharam Nath Singh R/o Village Jaitiya, P.S. Sonepur, Distt. Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi, Adv For the Opposite Party/s : Mr. Ashok Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 27-08-2015 Since this case has been restored today vide separate order passed in Criminal Miscellaneous No. 27376 of 2015, this Court has also heard learned counsel for the parties, on the merits of this case.

Having regard to the nature of allegation against the petitioner for the offences punishable under Section138 of the Negotiable Instruments Act and Sections-, 406, 420, 467, 468 and 471 of the Indian Penal Code and that three cheques in question to the tune of Rs. 2,25,000/- was issued and signed by co-accused Kishore Kunal Singh, and not by this petitioner, and that the

Patna High Court Cr.Misc. No.51054 of 2014 (4) dt.27-08-2015 petitioner also has got no criminal antecedent, this Court would direct the petitioner namely, Arbind Kumar Singh, to surrender within a period of four weeks from today, and if he does so, he would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st Class Saran at Chapra in connection with Complaint Case No. 4008 of 2012 (corresponding to Tr. No. 4038 of 2014), subject to the following conditions:- (i) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailor shall also state on affidavit that they 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

Patna High Court Cr.Misc. No.51054 of 2014 (4) dt.27-08-2015 the ground of misuse.

(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U