Md. Nasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72601 of 2021 Arising Out of PS. Case No.-17 Year-2020 Thana- MANPUR District- West Champaran ====================================================== MD. NASIR S/o Sheikh Abdul Hasan R/o village- Bastha, P.S.- Mainatand, Distt.- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.N. K. Agarwal, Sr. Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offences punishable under Sections 409, 420 and 120B of the Indian Penal Code.

Learned senior counsel for the petitioner submits that the petitioner is in custody since 29.08.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.

The informant alleges that the petitioner along with two named accused persons got her signature on three cheques in the name of Jal Nal Yojana and withdrew Rs. 10 lakhs from her PNB Account in the ratio of Rs. 2 lakhs (petitioner), Rs. 6 lakhs (Shakil Ahmad) and Rs. 2 lakhs (Baidnath Hazra) but didn't start the work.

Patna High Court CR. MISC. No.72601 of 2021(2) dt.13-05-2022 2/2 Learned senior counsel for the petitioner submits that the cheques were bearer cheques and were never given to the petitioner, it is submitted that it appears that the informant by issuing bearer cheques had tried to falsely implicate the petitioner or else she would have issued a cross cheque so that the amount gets credited in the account of the petitioner. It is further submitted that the cheques were encashed in the year 2018 and the F.I.R. came to be instituted in 2020 i.e., after a delay of nearly two years.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 29.08.2021, is a person with clean antecedent, chargesheet has been submitted in the case and the cheques issued by the informant were bearer cheques, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Manpur P.S. Case No. 17 of 2020.

(Satyavrat Verma, J) Rishi/- U T