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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellanious No.16268 of 2011
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1. Dadan Prasad, Son of Late Jagarnath Prasad, Resident of Village
Bhatwalia, P.S. Sangrampur, District East Champaran, at present
Times Online Kago Mohalla 31 G.T.Road, Uttar Howrah (West
Bengal).
2. Kanhaiya Prasad, Son of Shri Bachcha Prasad Srivastava, Resident
of Village Lakhanpur, P.S. Lauria, District West Champaran.
…. …. Petitioner/s
Versus
1. The State Of Bihar.
2. Ravi Motani, Son of Late Sitaram Motani, Resident of Mohalla Lal
Bazar, P.S. Bettiah Town, District West Champaran.
…. …. Opposite Party/s
3 11-07-2011 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
Petitioners are named accused in this complaint case
with allegation of issuing a cheque worth Rs. 2,50,000/- in favor of
complainant by way of part refund of Rs. 25,00,000/- taken for
business purpose. The said cheque could not be encashed since
petitioner no. 1 who issued the cheque had got the payment
stopped. During course of argument, taking of Rs. 25,00,000/- is
denied and it is submitted that cheque of Rs. 2,50,000/- was issued
by petitioner no. 1 for other purpose, but realizing the true affairs
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he himself got the payment stopped. However, subject to result of
the case he is ready to deposit the above amount in court as
security money.
Considering the facts and circumstances of the case,
subject to deposit of the amount in court, in the event of their
arrest/surrender before the court below within four weeks of
receipt of the copy of this order, petitioners, namely, 1. Dadan
Prasad and 2. Kanhaiya Prasad, are directed to be released on bail
on furnishing bail bond of Rs. 10,000/- (ten thousand only) each
with two sureties of the like amount each to the satisfaction of
Chief Judicial Magistrate, Bettiah, West Champaran, in connection
with Bettiah Town P.S. Case No. 09 of 2010, subject to condition
laid down under Section 438 (2) of the Criminal Procedure Code
with additional condition to petitioner no. 1, namely, Dadan Prasad
to remain physically present before the court below on each and
every date at least for two years or till disposal of the case,
whichever is earlier, in case of failure on two consecutive dates
without any reasonable explanation, the liberty granted shall be
deemed to be cancelled.
Praveen/- (Akhilesh Chandra, J)