The Patna High Court granted anticipatory bail to the petitioner, releasing him on a bond of Rs. 10,000 with two sureties, in a case involving allegations of cheque processing irregularities under sections 420, 406, and 120B of the IPC.
Petitioner released on anticipatory bail on furnishing a bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21795 of 2012
====================================================== Manoj Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 06-11-2012 Heard learned counsels for the petitioner, the State and the informant.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 406 and 120B/34 of the Indian Penal Code.
It is alleged that the petitioner being the proprietor of Jagdamba Agro Agency came to the Allahabad Bank, Sitamarhi Branch with three pay slips for depositing Rs. 49,50,000/- in Account No. 50056475999 in the name of Jagdamba Agro Agency, Rs.45,00,500/- in Account No. 50075285486 in the name of Shashi Bhushan Kumar and Rs. 4,00,000/- in Account No. 50079982958 in the name of Deepak Kumar. It is alleged that the Clerk-cum-Cashier of the Bank, Rajesh Paswan without informing to the Bank Manager issued receipts to the petitioner without depositing the actual amount.
Patna High Court Cr.Misc. No.21795 of 2012 (5) dt.06-11-2012 2/2
It is submitted by learned senior counsel for the petitioner that thrust of accusation is against the Cashier, who issued these receipts and it is not the case of the informant that the receipts are forged.
It is submitted by learned counsel for the informant that the petitioner is a loanee and for which case is pending before the D.R.T.A.
Considering the fact that thrust of accusation is against the Cashier, who issued the receipts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi in connection with Sitamarhi P.S. Case No. 32 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J.)
DKS/
3 issues framed by the court
Whether the petitioner deserves anticipatory bail in a case involving cheque allegations and loan dispute.
Whether the inevitability of arrest can be prevented under Section 20 of the Bharatiya Nagarik Suraksha Sanhita (anticipated context or general principle in bail proceedings) or under Section 438 CrPC
Whether the plea that the refinement of the case is against the cashier and not the petitioner justifies the grant of anticipatory bail.
1 provisions across 1 enactments
Manoj Kumar
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
