Rahul Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49541 of 2017 Arising Out of PS.Case No. -157 Year- 2017 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Rahul Kumar, son of Kamlesh Prasad, resident of village- Kanchanpur, Police Station- Deepnagar, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Dinesh Prakash Branch Manager Son of Ganauri Mistri, R/o Jaithipur P.S. Islampur, Distt. Nalanda at present Incharge Manager Punjab National Bank, Noorsarai.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rabindra Prasad Singh For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-11-2017 Heard the parties.
The petitioner seeks regular bail in connection with Noorsarai P.S.Case No.157 of 2017 registered for offences punishable under Sections 419, 420, 120B/34 of the Indian Penal Code.
Allegation against the petitioner and other accused persons is of getting fake cheque deposited in his account and getting the same withdrawn. The petitioner is not named in the FIR and later on his name transpired on the confession of one Sumit Patel. Submission of the learned counsel for the petitioner is that the co-accused Sumit Patel has already been granted bail, vide
Patna High Court Cr.Misc. No.49541 of 2017 (3) dt.09-11-2017 2/2 order date 20.9.2017 passed in Cr. Misc. No.41928 of 2017. The petitioner is in custody since 7.7.2017, he is ready to abide by any condition imposed upon him and he has no criminal antecedent. Heard learned A.P.P. also.
Having heard both sides and in view of the fact that another accused person has already been granted bail, as such, let the petitioner, above named, be enlarged 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 leanred S.D.J.M., Nalanda at Biharsharif in connection with Noorsarai P.S.Case no.157 of 2017.
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 disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T