IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13749 of 2009 MURARI PRASAD, SON OF LATE KISHORI LAL, RESIDENT OF VISUNPUR, P.S. GHOSHI, DISTRICT-JEHANABAD…………………………………………PETITIONER. Versus THE STATE OF BIHAR………………………………………………….OPPOSITE PARTY. ----------- With Cr.Misc. No.14829 of 2009 BRAJESH KUMAR SINHA @ BRAJESH KUMAR, SON OF LATE RAM CHANDRA PRASAD SINHA, RESIDENT OF VILLAGE NIGHAWAN, P.S. KIRTHA, DISTRICT- ARWAL………………………………………………………………………..PETITIONER. Versus THE STATE OF BIHAR………………………………………………….OPPOSITE PARTY. ----------- For the Petitioners : M/s. Yogesh Chandra Verma, Senior Advocate and Paras Nath, Advocate (in Criminal Misc. No.13749 of 2009) and Birendra Kumar, Advocate(in Criminal Misc. No.14829 of 2009). For the State : Mr. Jharkhandi Upadhyay, A.P.P. (in both the cases). ----------- 2. 20.5.2009. Criminal Misc. No.13749 of 2009 preferred by Murari Prasad and Criminal Misc. No.14829 of 2009 preferred by Brajesh Kumar Sinha alias Brajesh Kumar have been taken up together as they arise out of the same Kako P.S. Case No.16 of 2009 registered under Sections 467, 468, 471, 420, 511 and 120-B I.P.C. and having been heard together they are being disposed of by this common order. Murari Prasad, the petitioner of Criminal Misc. No.13749 of 2009 having a Savings Bank Account no.1613 with the Kazisarai Branch of the Punjab National Bank went to the Bank for transfer of Rs.80,000/- in a new bank account out of Rs.88,000/- which is alleged to have been deposited in his account by co-accused, Brajesh Kumar Sinha alias Brajesh Kumar as payment of loan taken by him from Murari Prasad. However, as it transpired the pay-in- - 2 - slip showing deposit of Rs.88,000/- under the signature of Brajesh Kumar Sinha shown to have been received by the Bank appeared to be a forged one as the signature of the Bank Manager did not tally. Therefore, the deposit receipt itself showing deposit of Rs.80,000/- appeared to be forged and fabricated one. So far as petitioner, Murari Prasad is concerned, he obviously cannot be associated with the alleged fraud more so in view of the submissions advanced before the Sessions Court on behalf of Brajesh Kumar Sinha to the effect that Murari Prasad had indeed advanced money to him from time to time. Specific case of Murari Prasad is that Brajesh Kumar Sinha who had taken loan from him had purportedly deposited the total amount of Rs.88000/- in the Bank through the said pay-in-slip, as claimed by Brajesh. It has been submitted on behalf of the petitioner,Brajesh Kumar Sinha alias Brajesh Kumar that the documents produced by Murari Prasad were genuine. This only goes to show that whatever fraud had been committed was with the specific intention and the entire credit therefor has to be bestowed upon accused Brajesh Kumar Sinha alias Brajesh Kumar. In the circumstances, the prayer of the petitioner, Brajesh Kumar Sinha @ Brajesh Kumar is rejected. However, the petitioner, Murari Prasad, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Kako P.S. Case No.16 of 2009. P.S. (Abhijit Sinha,J)