Rushikesh Narayan Bhonsale v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53872 of 2022 Arising Out of PS. Case No.-196 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== Rushikesh Narayan Bhonsale Son Of Shri Narayan Bhonsale Resident Of Apshinge, P.S- No. Koregaon, Dist- Satara Maharashtra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Agarwal For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 420, 467, 468, 476, 120(B) of the Indian Penal Code.

The prosecution case as per F.I.R is that on 25.04.2022, the petitioner visited the State Bank of India, Ghoshi Branch and deposited a cheque of Rs. 75,00,000/- drawn in favour of Amit Kumar. On enquiry, the petitioner stated that the cheque in question was given to him by one Manish Kumar. On verification

Patna High Court CR. MISC. No.53872 of 2022(4) dt.27-03-2023 2/3 of the alleged account number in which the amount was to be drawn, the alleged cheque was found fake and it was not issued by the account holder.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner has just deposited the cheque which was believed to be genuine. The cheque was neither to be drawn in the account of the petitioner nor there is signature of the petitioner on the cheque. In fact, for providing job in armed forces, the petitioner has paid Rs. 9 lakhs to co-accused Manish Kumar and when he demanded his money back, said Manish Kumar handed over the aforesaid cheque and told that after its encashment, he shall pay the amount to the petitioner. The petitioner is languishing in custody since 26.04.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the

Patna High Court CR. MISC. No.53872 of 2022(4) dt.27-03-2023 3/3 petitioner and submitted that 20 blank cueques have been recovered from the possession of the petitioner. The independent witnesses have also supported the involvement of the petitioner in the aforesaid offence. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghoshi P.S. Case No. 196 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T