IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24693 of 2011 Vikash Kumar Singh Versus The State Of Bihar ----------- 03/ 29.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by Mr Prabhat Nath Rai, learned counsel for ICICI Bank. Although, there is allegation that the petitioner, on the basis of forged and fabricated cheque, withdrew huge amount from ICICI Bank but the contention of learned counsel for the petitioner is that Investigating officer could not succeed to verify this fact as to whether the cheque in question has been issued by M/s Murarka Organic Food Private limited or not and as per his submission the cheque in question is fake or genuine would be decided in course of trial. It is also contended by him that till conclusion of the trial, petitioner is ready to deposit the amount in question with the concerned bank and if the petitioner is acquitted on merit after full fledged trial, the deposited amount should be handed over to the petitioner. Learned counsel appearing for the above stated Bank conceded the aforesaid proposal of learned counsel for the petitioner. Learned Addl. Public Prosecutor opposed the prayer but he could not succeed to point out this fact as to whether M/s Murarka Organic Food Private Limited has been enquired by the Investigating officer or not. In view of the aforesaid submissions, petitioner, Vikash - 2 - Kumar Singh, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in Gandhi Maidan P.S. Case no. 125/2011 subject to condition that after release, the petitioner shall deposit Rs 14 lakhs 50 thousand with ICICI Bank, Exhibition Road Branch, Patna within one month from the date of release and the aforesaid amount would be kept in fix deposit in the name of the aforesaid Bank. After completion of the full fledged trial, if the petitioner is acquitted of the charges and in course of trial, it is found that the cheque in question had been issued by the M/s Murarka Organic Food Private limited, the petitioner shall be entitled to receive the aforesaid amount of fixed deposit along with its interest and if he is convicted, the Bank may utilize the aforesaid amount and its interest as it thinks fit proper. It goes without saying that if the petitioner fails to deposit the above stated amount within one month from the date of his release, the bail bonds of the petitioner shall be cancelled. shahid (Hemant Kumar Srivastava,J)