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Patna High CourtCR. MISC./46422/2017bail granted

Shashi Kant Singh @ Shashi Kant Singh Yadav v. The State Of Bihar

2017-10-03Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46422 of 2017 Arising Out of PS. Case No.-157 Year-2016 Thana- SASARAM NAGAR District- Rohtas ====================================================== SHASHI KANT SINGH @ SHASHI KANT SINGH YADAV Son of Man Singh, R/o Dilliyan Ward No. 34, P.S.- Sasaram Nagar, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kunal Tiwary For the Opposite Party/s :

Mr. SRI RAJKISHORE SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sasaram Nagar P.S. Case N0. 157 of 2016, disclosing offences under Sections 420,467,468,471 and 120B of the Indian Penal Code and Section 66(D) of the I.T. Act.

Learned counsel for the petitioner has submitted that the allegation against the petitioner is that he misused two cheques worth Rs. 60,00,000/- and 99,00,00/- shown to have been issued by the informant and upon presenting them to the Bank, got the same dishonoured. It is also alleged in the First Information Report that the petitioner has misappropriated lot of money and fled away with all the cheques, which belonged to the informant.

Patna High Court Cr.Misc. No.46422 of 2017(2) dt.03-10-2017 2/3 Learned counsel for the petitioner has submitted that it is true that the petitioner was working under the informant and they had financial transaction. With the same allegation, the informant had lodged First Information Report with Gurgaon Sector 10-A P.S. Case No. 415 of 2015, where the similar allegations have been found to be incorrect and a case has been lodged against the informant.

On perusal of the First Information Report, I notice that there is apparent dispute between the petitioner and the informant over accounting and some other aspects. Be that as it may, in the facts and circumstances of the case, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Rohtas, Sasaram in Sasaram Nagar P.S.Case No. 157 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as

Patna High Court Cr.Misc. No.46422 of 2017(2) dt.03-10-2017 3/3 and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U