Manish Mahajan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15711 of 2018 Arising Out of PS.Case No. -251 Year- 2017 Thana -KOTWALI District- PATNA ======================================================

1. Manish Mahajan S/o Mahendra Prasad, R/o Village- Nokha, P.S.- Nokha, District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Kotwali P.S.Case No.251 of 2017 , registered for offences punishable under Sections 406, 409, 420, 424 read with 120B of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

Allegation against the petitioner is of in connivance with the others misappropriation of money and getting the cheque issued by others.

Submission of the learned counsel for the petitioner is that he is not partner of the Company and he is Doctor and he is not signatory of the cheque also.

Heard learned A.P.P. also and the learned counsel for the

Patna High Court Cr.Misc. No.15711 of 2018 (3) dt.24-04-2018 2/2 informant. They have opposed the prayer for bail on the ground that earlier the petitioner had suppressed his antecedent before the Sessions court and secondly he is appearing on different names. Having heard both sides, in view of the facts and circumstances and considering the fact that he is not partner in the company, as such let the petitioner surrender before the court below within a period of six weeks from the date of receipt of the order and on his surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Patna in connection with Kotwali P.S.Case No.251 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. chn/- (Vinod Kumar Sinha, J) U T