Single judge permitted anticipatory bail to the petitioner in a case involving alleged forgery of cheques and IPC offences, subject to a fixed bail bond and time-limit.
Petitioner granted release on bail on furnishing Rs. 25,000 bond with two sureties of like amount each, to be complied with within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27829 of 2022
Arising Out of PS. Case No.-769 Year-2021 Thana- MAHUA District- Vaishali
======================================================
MUNNA SARKAR SON OF UPENDRA RAM R/O VILLAGE- CHAKJI NIZAM, P.S.- MAHUA, DISTRICT- VAISHALI
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mrs. Bela Singh For the Opposite Party/s : Mr. Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 20-10-2022
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under section 409, 420 of Indian Penal Code.
Allegedly, the informant was Panchayat Secretary of Gram Panchayat, Raj Fulwariya. For the development work the operation of the account was done with the signature of the informant and Mukhiya. Total Rs.9 lakhs was withdrawn through four cheques in the name of the co-accused Vishwajeet Kumar. On the said cheques there was forged signature of the informant and it bears the signature of Mukhiya Munna Sarkar. On 09.12.2021 the informant got knowledge about illegal
Patna High Court CR. MISC. No.27829 of 2022(3) dt.20-10-2022 2/3
withdrawal of the said money, then he informed Canara Bank, Mahua.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The panchayat sachiv has sole responsibility to complete the development work of the gram panchayat. In para 29 of case diary, it has come that the bank officer has stated that the signature is not a forged one and after verification the said cheque was released in favor of the co-accused. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court
Patna High Court CR. MISC. No.27829 of 2022(3) dt.20-10-2022 3/3
below where the case is pending/Successor Court in Mahua P.S. Case No.769 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
shikha/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving alleged forgery and cheque misuse.
Whether the conditions stipulated for granting anticipatory bail are satisfied in this instance.
1 provisions across 1 enactments
MUNNA SARKAR
THE STATE OF BIHAR
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
