IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36073 of 2010
ARUN KUMAR MISHRA, son of Sharda Nand Mishra, resident of village - Sihaul,
P.S. - Bihra, District - Saharsa, presently posted as Branch Manager, State Bank
of India, Kanp Branch, Kanp, P.S. - Saur Bazar, District - Saharsa.
------------ Petitioner.
Versus
1. THE STATE OF BIHAR
2. Rajendra Mehta, son of Late Chaturi Mehta, resident of Vijaypur, Ward No.
2, Panchayat - Kanp, P.S. - Saur Bazar, District - Saharsa.
------------ Opposite Parties.
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02. 12.10.2010 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
Petitioner is named accused in this case instituted
on the basis of complaint case no. 822C of 2009 carries
allegation that he got the cheque encashed which was in
the name of complainant, but some error was there with
respect to parentage and went for rectification, it was given
to Mukhiya, some forgery was committed, which was as
submitted initially noticed but at the prayer of Mukhiya
Cheque, after initial stoppage of payment, was encashed.
However, the amount of Rs. 10,000/- is offered to be paid
subject to result of the case.
Considering the facts and circumstances of the
case, in the event of deposit of Rs. 10,000/- with the court
below subject to result of the case, and in the event of his
arrest/surrender before the court below within four weeks
of receipt of the copy of this order, petitioner, namely, Arun
-2-
Kumar Mishra, is directed to be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand only)
with two sureties of the like amount each to the satisfaction
of Chief Judicial Magistrate, Saharsa, in connection with
Saur Bazar P.S. Case No. 03 of 2010, subject to condition
laid down under Section 438(2) of the Criminal Procedure
Code with additional condition to remain physically present
before the court below on each and every date till disposal
of the case, in case of failure on two consecutive dates,
the liberty shall be deemed to be cancelled.
(Akhilesh Chandra, J.)
Rajeev/