Md. Asif Ekbal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52226 of 2017 Arising Out of PS.Case No. -538 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Asif Ekbal, Son of Md. Ansarul Haque, Resident of VillageMadhopur, P.S.- Chiraiya, Dist- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Punjab National Bank, through Branch Manager Motihari. .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP. For Punjab National Bank : Mr. Kumar Priya Ranjan, Advocate. Mr. Niraj Kumar, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Motihari Town P.S. Case No. 538 of 2017 registered under Sections 420, 467, 468, 471, 472 and 120B of the Indian Penal Code.
Cheque of Rs. 98,85,000/- of Punjab National Bank, Baramula, Jammu & Kashmir in the name of Motilal Chaudhary issued by Amazon Trading Company, Jammu and Kashmir was received in Punjab National Bank from Gramin Bank, Main Branch, Motihari for clearance. On investigation of the matter, it was found by the Bank that no such cheque leaf was issued by Punjab National Bank, Baramula, Jammu and Kashmir and drawn
Patna High Court Cr.Misc. No.52226 of 2017 (3) dt.22-12-2017 2/2 by the said Amazon Trading Company. On search of the house of the said Motilal Chaudhary and the petitioner, a number of photostat copy of cheques, Aadhar Card, Pan Card, etc. were seized.
It is submitted by learned counsel for the petitioner that the petitioner is neither the drawer nor drawee of the said cheque. He has no concern with the said cheque. He has been falsely implicated in the case merely on suspicion and on the basis of the confessional statement of Motilal Chaudhary as carrier of the said cheque. The photostat copy of the cheques, pass book, ATM Card which were seized from the house of the petitioner are hailing to his father, mother, brother and family members. The petitioner has been languishing in custody since 07.08.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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, Motihari, East Champaran in connection with Motihari (Town) P.S. Case No. 538 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T