Madan Jee @ Madan Mohan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49695 of 2014 Arising Out of PS.Case No. -116 Year- 2008 Thana -JAMUI District- JAMUI ====================================================== Madan Jee @ Madan Mohan Prasad son of Late Rama Prasad at Present Posted at Uco Bank , Saria, P.S. Krishngarh, District- Bhojpur and Permanent address Flat no. 35 , S.K. Nagar , P.S. Budha Colony, Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2015 The petitioner is apprehending his arrest in connection with Jamui P.S.Case No. 116/2008 for the offence under Sections 406 and 420 of the Indian Penal Code. Heard learned counsel for the petitioner and the State. It is alleged by the informant, Raghunandan Prasad, that one Md.Sajjad Alam, who is FIR named accused had N.R.I Bank Account No. 7204 with Jamui Branch of UCO Bank, and it is further stated that on 9.8.2006, 3.12.2006, 12.12.2006 and 26.12.2006 an amount of Rs. 5,000/-, 25,000/-, 50,000/- and 50,000/- respectively were withdrawn on the basis of withdrawal form but on 7.4.2007 the account holder Sri Sajjad Alam came to the Bank and informed that no such amount was withdrawn by him on the above said date, and, accordingly the accused Raghunandan Prasad after obtaining specimen signature and

Patna High Court Cr.Misc. No.49695 of 2014 (2) dt.23-04-2015 2/2 related withdrawal form and other documents sent to F.S.L., Patna for verification and after that the Director, F.S.L, Patna informed that the accused Raghunandan Prasad that signatures appearing on withdrawal form is a forged one.

It has been submitted on behalf of the petitioner that except suspicion there is no direct evidence against the petitioner nor any allegation has been made for making any such fraud or cheating in respect of withdrawal of the amount from the Bank. It is stated on behalf of the State that there is sufficient material to show the involvement of this petitioner in committing the offence.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within four weeks, 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 C.J.M., Jamui, in connection with Jamui P.S.Case No. 116/2008 , subject to the conditions as laid down u/s 438(2) Cr.P.C. with a condition that the petitioner shall deposit a sum of Rs. 30,000/- in the court below , which will be subject matter of final result of the case. (Sudhir Singh, J) singh/- U T