IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11762 of 2010 MD.JAKIR, SON OF MD.NAIMUDDIN Versus STATE OF BIHAR ----------- 2. 13/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 419, 420, 409 and 34 of the Indian Penal Code. The B.D.O. Chhatarpur filed the present First Information Report alleging therein that some persons on the false pretext of being flood effected victim had got issued Cheque of Rs. 30,000/- each in their names. The petitioner is not named in the First Information Report. Subsequently, when Shamim Ahmad Khan was arrested, he gave a statement under Section 164 Cr. P.C. that the petitioner was also one of the persons who had got issued a cheque of Rs. 30,000/- on payment of certain money to one Resham Lal. However, subsequent to the same, the petitioner also returned a sum of Rs. 30,000/- in the Nazarat and, therefore, the submission is that he has not in any manner caused any loss to the Government. In view of such and also that the entire case is based on documents and the petitioner is in custody since 12.12.2009, let the petitioner above named, 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 Chief Judicial Magistrate, Supaul, in Chhatapur P.S. Case No. 158 of 2009 subject to the - 2 - following conditions: (i)That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.Ali (Anjana Prakash, J.)