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Patna High CourtCR. MISC./3459/2016bail granted

Manoj Prasad v. The State Of Bihar

2016-03-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3459 of 2016 Arising Out of PS.Case No. -233 Year- 2013 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Manoj Prasad son of Sri Awadh Prasad @ Audh Kishor Prasad Resident of Village - Sisai Nandu Ram Ka Tola, Police Station - Gorea Kothi, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 406, 420, 467, 466 and 471/34 of the I.P.C Allegedly, the petitioner deposited three cheques of different dates and got credited total amount of Rs. 4,75,000/- in his joint account with Uma Shankar Rai and after verification three cheques were found forged one but in the meantime the petitioner and Uma Shankar Rai withdrew the amount on different dates by way of cheques and the ATM Card.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.3459 of 2016 (4) dt.30-03-2016 2/2 petitioner has no knowledge that the deposited cheques were forged one, the petitioner has got no malafide intention, he is ready to deposit the amount as per installment in the account with protest in terms of the result of the criminal case, no fruitful purpose is going to be served by detaining the petitioner in custody as he is in custody since 03.11.2015. The learned A.P.P. submits that if the petitioner is ready to deposit the amount of Rs. 4,75,000/- then he may be released on bail provisionally.

In the facts and circumstances as stated above, the petitioner is directed to 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 C.J.M. Siwan in Gorea Kothi P.S. Case No. 233 of 2013 with the condition that the petitioner shall deposit the amount of Rs. 4,75,000/- within six months in five installments in the account of the Punjab National Bank, Chhitauni, P.S. Gorea Kothi, District- Siwan under protest and in failure the bail granted to the petitioner shall be deemed to be cancelled.

(Jitendra Mohan Sharma, J) Abhay/- U T