Deepak Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.904 of 2017 (3) dt.27-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.904 of 2017 ====================================================== Deepak Kumar Son of Late Surendra Prasad Singh, resident of Village - Amni, P.S.- Mansi, District - Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Sri Binod Kumar 3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner and State. The petitioner seeks bail in Khagaria P.S. Case No. 539/2016 instituted for the offence under section 406/420 of the Indian Penal Code.

It has been alleged that the cheque, in question, was deposited by the informant in the Bank. After one year, the cheque was returned with an endorsement that there is forged signature of the petitioner on the cheque.

Counsel appearing for the petitioner has submitted that he has never issued the cheque to the informant as alleged to be issued by the informant.

The cheque return memo has been enclosed with the xerox copy of the cheque wherein it has been clearly mentioned vide signature 'Drawer's signature incomplete/illegible/differs/

Patna High Court Cr.Misc. No.904 of 2017 (3) dt.27-02-2017 required'. As such, from the endorsement itself, it appears that the signature of the petitioner is doubtful over the cheque in question. The petitioner is said to be in custody since 28.10.2016.

Considering the aforesaid facts and circumstances of the case, the prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 539 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) Ravi/- U T