Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77848 of 2018 Arising Out of PS. Case No.-152 Year-2016 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Manish Kumar son of Ram Babu Roy Resident of Mohalla - Hanumanganj, Mishartola , P.S. - Town, Distt. - Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidya Nath Thakur, Adv.
For the Opposite Party/s :
Mr.Md. Sufiyan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Madhubani Town P.S. Case No. 152 of 2016 registered for the offences punishable under Sections 406, 420, 409, 467, 471, 120-B, 34 of the Indian Penal Code. In the written report it is alleged that a Cheque amounting to Rs. 15,000/- bearing Cheque No. 992520 was issued in favour of petitioner being the District Conveynor but he illegally withdrew amount of Rs. 4,15,000/- after doing forgery in the aforesaid Cheque. It is further alleged that another Cheque for Rs. 29,430/- bearing Cheque No. 992487 was issued
Patna High Court Cr.Misc. No.77848 of 2018(4) dt.09-01-2019 2/3 in favour of petitioner on 05.08.2015 but he has withdrawn Rs. 2,29,430/- after making forgery over the cheque. Photocopy of both cheques have been enclosed.
Learned counsel for the petitioner submits that for similar allegation an FIR was instituted earlier giving rise to Madhubani Town P.S. Case No. 85 of 2016 in which petitioner has been granted bail by order dated 10.12.2018 passed in Criminal Miscellaneous No. 70966 of 2018 and the present FIR is also based on similar allegation.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town P.S. Case No. 152 of 2016, subject to the following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or
Patna High Court Cr.Misc. No.77848 of 2018(4) dt.09-01-2019 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T