Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42380 of 2011 ====================================================== Narendra Kumar Singh @ Pinku Singh S/O Late Shivji Singh Resident of Mohallah- Prabhunath Nagar, P.S.- Chapra (Muffasil), District- Saran At Chapra (Bihar). .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Rakesh Kumar, Adv. For the Opposite Party : Mr. Ashok Kumar-I, A.P.P. For the Informant : Mr. Tej Pratap Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 5 21-02-2012 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and Mr. Tej Pratap Singh, learned counsel for the informant who opposes the prayer for bail made on behalf of the petitioner. The petitioner is in custody in connection with Chapra Town P.S. Case No. 156 of 2011 for the offences punishable under [STATUTE] . The allegation against the petitioner is of fraudulently exchanging the A.T.M. Card from the son of the informant along with his accomplices while offering him help in operating the A.T.M. machine and thereafter withdrawing an amount of Rs. 4,73,071/- from the savings bank account of the informant. The exchange of card having occurred on 14.07.2011, it is only on 20.07.2011 that the informant came to realize the fraud when he went to withdraw the amount from the Bank. The F.I.R. having been instituted against unknown. The Patna High Court Cr.Misc. No.42380 of 2011 (5) dt.21-02-2012 2 identification of this petitioner is on the basis of his video footage taken in connection with another case arising from Bhagwan Bazar P.S. Case No. 104 of 2011. The petitioner along with co-accused Sujeet Kumar has been identified by the son of the informant from the video footage. Learned counsel for the petitioner submits that apart from the aforesaid circumstances and recovery of certain items allegedly said to have purchased from the amount withdrawn from the account of the informant, there is no other material connecting this petitioner with the alleged offence nor the petitioner has been put on T.I. Parade. Learned counsel with reference to an order passed in Cr. Misc. No. 40469 of 2011 dated 12.12.2011 submits that considering the circumstances the other co-accused Sujeet Kumar has been enlarged on bail by a Bench of this Court. The prayer for bail has been opposed by learned counsel for the informant as also the State counsel submitting that the recovery as well as the identification is sufficient indication of involvement of this petitioner. Having heard learned counsel for the parties and having considered the materials on record as also the order dated 12.12.2011 passed in Cr.Misc.No.40469 of 2011, let the petitioner namely, Narendra Kumar Singh @ Pinku Singh be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. Case No. 156 of 2011 subject to the following conditions:- (1) The brother of this petitioner namely, Vicky Kumar Singh @ Vicky Singh shall stand as one of the bailor and who shall be under a duty to inform the Court below in case Patna High Court Cr.Misc. No.42380 of 2011 (5) dt.21-02-2012 3 this petitioner after his release in the present case, is found involved in any further case of similar nature and whereupon the court concerned shall be at liberty to cancel the bail bond of the petitioner and to take him into custody. (2) That the petitioner shall accept the police papers on the given date and shall also be present on the date fixed for charge and if he fails to do so on two consecutive dates fixed for such purpose, the bail bond of the petitioner shall be liable to be cancelled. (3) The petitioner shall ensure his representation before the Court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would entitle the Court concerned to cancel the bail bond of the petitioner and to take him into custody. Bibhash (Jyoti Saran, J)

Applicable IPC Section: 467

Statute Text:
Section 467 of the Indian Penal Code. Forgery of a valuable security, will or authority to make or transfer any valuable security, or to receive any money, etc. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.