Govind Prasad @ Govind Kewat v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.46446 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46446 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ====================================================== Govind Prasad @ Govind Kewat son of Hari Kewat Resident of village Matar, P.S.Bhagawanpur District Kaimur at Bhabhua. .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bhagwanpur P.S.Case no.58 of 2017 registered for offences punishable under Sections 406 and 420 of the Indian Penal Code and Section 138 of N.I. Act.

Allegation is against the petitioner and one co-accused, who happens to be Secretary and Chairman of S.F.C.C. of withdrawn Rs.10,66,125/- as cash from the bank for purchasing paddy but still they have not returned Rs.6,64,009/- and in that concerned, the Chairman has issued a cheque which has bounced. Submission of the learned counsel for the petitioner is that main allegation is against the Chairman and he has already been granted anticipatory bail by this Court on his assurance that he is ready to deposit the rest amount and there is no allegation

Patna High Court Cr.Misc. No.46446 of 2017 (2) dt.20-09-2017 against the petitioner as well as no any amount is due with him. The petitioner is in custody for about two months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, 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 A.C.J.M., Kaimur at Bhabhua in connection with Bhagwanpur P.S.Case No.58 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 on the event of failure on his part 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