Shankar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67719 of 2022 Arising Out of PS. Case No.-251 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SHANKAR SAHANI S/O CHULHAI SAHANI Resident of village- Mission chowk, Pataura Road, Near Church, P.S.- Muffasil District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate Mr. Anil Kumar, Advocate For the State :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 26-04-2023 Heard both the parties.

2. The petitioner seeks bail in anticipation of his arrest in connection with Muffasil P.S. Case No. 251 of 2022, dated 07.04.2022, instituted for the offences under Sections 406/420 of the I.P.C. and 138 of N.I. Act.

3. Learned APP opposes the prayer of anticipatory bail of the petitioner.

4. Taking into nature of allegations made relating to cheque bouncing for which additional offences under Sections406 and 420 of I.P.C. have been registered, I am inclined to grant anticipatory bail to the petitioner, namely Shankar Sahani, and in the event of arrest, he shall be released on bail, subject to

Patna High Court CR. MISC. No.67719 of 2022(2) dt.26-04-2023 2/3 the conditions as laid down under Section 438(2) of the Cr.P.C., which are held as under:- (i) The petitioner shall cooperate with the investigation and make himself available for interrogation, whenever required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (iii) The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv) The petitioner shall maintain law and order; (v) The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; (vi) The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

(vii) The petitioner shall regularly remain present

Patna High Court CR. MISC. No.67719 of 2022(2) dt.26-04-2023 3/3 during the trial and cooperate with the Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) K.C.Jha/- Item No. 66 U