Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17492 of 2012 ====================================================== Ashish Ghatak, son of Sri Pramod Ghatak, resident of Vidhan Colony, 371/Y, Ward Baranpur, P.S.-Hirapur, District-Bardwan (West Bengal). .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 26-04-2012 Heard. The petitioner seeks bail in a case registered under [STATUTE] . Initially, the complainant filed complaint case No. 588 of 2009 in the court of the learned C.J.M., Aurangabad which was referred to police in terms of Section 156(3) of the Code of Criminal Procedure and accordingly an F.I.R. was registered and investigation was taken. It has been contended that seven persons were named in the F.I.R. in the category of accused. So far as the petitioner is concerned, he is neither named in the F.I.R. nor anything has been alleged against him by the informant. The informant has not alleged entrustment of money at any point of time to the petitioner or issuance of a receipt etc., by the petitioner in favour of the informant or the investors. The petitioner has maliciously been remanded in several cases of identical nature by the police in which, the informant did not allege anything against the petitioner. In the F.I.R., co- accused Barun Kumar Singh has been described as Branch Manager of O.C.P.L., co-accused Surendra Mishra has been described as Managing Patna High Court Cr.Misc. No.17492 of 2012 (2) dt.26-04-2012 2 / 3 2 Director and co-accused Haribansh Narain Singh has been described as Executive Director of the company concerned. The petitioner is neither the Director nor the Managing Director nor the member of the Board of Directors nor he is Executive Director of the company. He has been remanded in the present case on 19.12.2011 and since then he is in custody. It is also submitted that since the investigation is over and charge sheet has already been submitted, his custodial interrogation is not required. He has got roots in the society and is not likely to abscond or tamper with the evidence, if released on bail. Be that as it may, considering the nature of allegation, facts and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 309 of 2009 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modification/recalling the order Patna High Court Cr.Misc. No.17492 of 2012 (2) dt.26-04-2012 3 / 3 3 granting bail, if for any reason, the petitioner violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, 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.