IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11199 of 2010 1. PRABODH KUMAR MAHTO s/o Late Shivnandan Mahto, Resident of village : Tekuna & 2. Basudeo Sah s/o Late Puhup Lal Sah Resident of village- Suriyahi, Both P.S. Partapganj, District- Supaul ...Petitioners Versus THE STATE OF BIHAR ...OP ----------- 2/ 15.04.2010 Supplementary affidavit on behalf of the petitioners is being filed. Let it be kept with the record. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 419, 409 and 420 of the Indian Penal Code. On a report from the bank that certain cheques were encashed purportedly signed by the officials of the Circle Office, Chhatapur, an enquiry was done and it was found that in fact, those cheques had never been issued from the office and had been misplaced. When further enquiry was done in the matter, it was found that twenty two persons including the present petitioners used the cheque. Petitioner no.1 is said to have withdrawn a sum of Rs.24,000/- , whereas, petitioner no.2 is said to have withdrawn Rs.30,000/-. The petitioner no.1 is ready to return rupees 24,000/- and deposit the same in the court below without prejudice to his rights. In view of such, let the petitioner no.1 (Prabodh Kumar Mahto) be released on provisional bail for a period of three months on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, in connection with Chhatapur P.S. case no.163 of - 2 - 2009. During the period of three months, the petitioner will deposit Rs.24,000/- in the court below either by cheque or draft. On such deposit by petitioner no.1, his provisional bail will be confirmed. So far petitioner no.2 is concerned, it has been submitted he has already deposited the sum of Rs.30,000/- by bank draft no.526026 dated 12.1.2010, receipt of which has been given by the Circle Office, Chhatarpur. In view of such, let the petitioner no.2 Basudeo Sah be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the court below in connection with case referred to above. Bail granted to both the petitioners will be subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse,(iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (iv) - 3 - that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)