Allowed

Praveen Kumar Singh v. The State of Bihar

Patna HC23 Oct 2019CR. MISC./63489/2019

Case brief

AI extract

What is this about?

Single judge allowed an application for provisional anticipatory bail in a chemical case alleging cheque forgery. Bail granted subject to specific conditions regarding sureties and submission of documentary evidence.

What did the court decide?

Provisional bail granted for four weeks subject to furnishing bond of Rs. 10,000 with two sureties and specific submission of a letter dated 13.03.2019.

Praveen Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63489 of 2019

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Arising Out of PS. Case No.-131 Year-2019 Thana- KHAIRA District- Jamui

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======================================================

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PRAVEEN KUMAR SINGH S/o Avadhesh Prasad Singh Resident of VillageDharmari Chack, Ward No.6, Lakhisarai, P.S.- Lakhisarai, District- Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Prabhat Ranjan Singh For the Opposite Party/s : Mr.Uma Shankar Prasad Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 23-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends his arrest for the offences alleged under Sections 409 and 420 of the Indian Penal Code registered in connection with Khaira P.S. Case No. 131 of 2019.

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It is submitted that the petitioner has been falsely implicated on the accusation, inter alia, of having withdrawn Rs. 30,000/- and Rs. 50,000/- on 19.03.2019 and 27.03.2019 by cheque nos. 422063 and 422064 respectively, from the Primary School’s bank account by forging the signature of the informant and of the Secretary, Vinita Devi. It is submitted that the petitioner who was deputed to oversee the construction of the school building by order dated 12.09.2014 issued by the Block Development Officer and it is only on 13.03.2019, the Block Education Officer directed the petitioner to handover all his financial and physical responsibilities to the informant, which was duly followed by the petitioner. As such, the cheque book containing cheque leaves no. 422061 to 422070 was handed over to the informant on 18.03.2019 under his acknowledgment

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Patna High Court CR. MISC. No.63489 of 2019(2) dt.23-10-2019 2/3

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(Annexure-4). It is therefore, submitted that the accusation of withdrawal by forging the informant’s signature on the two cheques aforesaid is untenable. The petitioner claims clean antecedents.

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Be that it may, in the event of petitioner’s arrest or surrender within four weeks hereof let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned CJM, Jamui in connection with Khaira P.S. Case No. 131 of 2019 subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:

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(i) That one of the bailors shall be a close relative of the petitioner.

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(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

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(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

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(v) That the petitioner shall produce the original letter dated 13.03.2019 handing over the cheque book containing cheque leaves no. 422061 to 422070 to the informant as acknowledged by the informant on 18.03.2019 before the learned Court below for verification at the time of surrender.

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The provisional bail granted to the petitioner shall be confirmed by the learned Court below within a further period of

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Patna High Court CR. MISC. No.63489 of 2019(2) dt.23-10-2019 3/3

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four weeks after furnishing bail bond, upon verification and satisfaction with regard to the genuineness of the letter dated 13.03.2019, conversely, his bail bond shall stand automatically cancelled.

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(Vikash Jain, J)

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Chandran/-

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U T

Praveen Kumar Singh v. The State of Bihar

Case brief

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Praveen Kumar Singh v. The State of Bihar

Case brief

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