Patna High CourtCR. MISC./60447/2017bail granted

Md. Aklakh @ Md. Akhlak v. The State Of Bihar

2018-02-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60447 of 2017 Arising Out of PS.Case No. -538 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Aklakh @ Md. Akhlak, son of Late Md. Naem, resident of Village : Mahasan Pharkpur, P.S. Runnisaidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu, Adv Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Motihari Town P.S. Case No. 538 of 2017, a case under Sections 420/467/468/471/472/120B 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 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.

Patna High Court Cr.Misc. No.60447 of 2017 (4) dt.19-02-2018 P2/ 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. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr.