Shailendra Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18608 of 2015 Arising Out of PS.Case No. -92 Year- 2012 Thana -PATLIPUTRA District- PATNA ======================================================

1. Shailendra Kumar Pandey son of Shri Shambhu Pandey, Resident of Mohalla- Ram Jaipal Nagar Road, P.S- Rupaspur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Kumar Singh For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2015 Heard both sides.

The petitioner seeks bail in a case under section 420, 467, 468, 471, 406, 120(B) of the Indian Penal Code and 138 of the N. I. Act.

The petitioner entered into an agreement to sell his residential house standing in the name of his mother with the informant and received rupees six lacs but later on he refused to execute the sale deed. Then on demand issued two cheques, one of rupees four lacs and another of rupees two lacs but both the cheques were dishonored. It transpired that the petitioner agreed to sell the residential house standing in the name of his mother but he set up his mother-in-law who put signature of the mother of the informant. The petitioner has also got criminal antecedent and he

Patna High Court Cr.Misc. No.18608 of 2015 (4) dt.03-07-2015 is accused in as many as five cases.

It is submitted that in one case he has already been discharged. The petitioner is in jail since 20.12.2012 i.e. he has already remained in jail for two and a half years. Considering the fact that the petitioner has already remained in jail for more than two years and six months in a Magistrate trial case, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Patliputra P.S. Case No. 92 of 2012 subject to the condition that one of the bailors shall be a close relative of the petitioner having substantial immovable property and if the petitioner is found indulged in such activities in future, the learned court below shall cancel the bail bond of the petitioner. (Prabhat Kumar Jha, J) Amin/- U