IN THE COURT OF JUDICATURE AT PATNA Cr.Misc. No.22216 of 2009 RAM BABU SINGH son of late Ragho Singh, resident of Village- Bhagwatpur, P.S.Chandi, District- Bhojpur, presently working as Special Assistant in the State Bank of India, Main Branch, Nawada, Ara, P.S.Ara (Nawada) in the district of Bhojpur. Versus STATE OF BIHAR with Cr.Misc. No. 23584 of 2009 Raj Kishore Singh son of late Sukhnandan Singh, resident of Village Barap, P.S. Agiaon (Garhani),District- Bhojpur at present working as Peon in the office of Chief Manager, State Bank of India, Main Branch, Nawada,Ara, P.S. Ara (Nawada) in the district of Bhojpur. Versus State of Bihar. ----------- 2 21.7.09 Petitioners –Ram Babu Singh and Raj Kishore Singh are respectively the employees of the State Bank of India, Main Branch, Nawada, Ara. Ram Babu Singh is the Special Assistant whose duty is to take out the cheques from the drop box in the Bank. Raj Kioshore Singh is a Peon who then carries these cheques to various counters.Both of them apprehend their arrest in Ara Nawada P.S.Case no. 133 of 2008 instituted under Sections 406 and 420 IPC. Informant is represented. It is alleged that the informant had sold certain land for which a cheque was issued in his favour for Rs. 2,85,000/-, which was drawn on United Bank of India, Ara. Curiously the cheque was a bearer cheque. Informant alleges that he filled up the cheque and dropped the cheque in the drop box at the State Bank of India, Main Branch,Ara for credit to his account. After two days when the cheque was not credited to his account, he made an enquiry, which reveals that the said cheque had been encashed at the United Bank of India over the counter as it was a bearer cheque. Informant submits that it was high denomination cheque and due to inadvertence it was left 2 bearer. Informant further submits that it could only with the connivance with the two petitioners that the cheque meant to be presented to his account, having been found to be a bearer cheque, cheque was removed and dishonestly encashed specially because petitioner Ram Babu Singh was known to the Officer in the United Bank of India. Having heard the parties what Court curiously found is that how united Bank of India permitted cash encashment of such a high denomination cheque without noting the details of the bearer, without taking his PAN number, without collecting any proof and identity and without verifying his signature. These are the mandatory requirements. Considering the facts and circumstances of the case, I direct the above named petitioners would be released on bail ,on their surrender before the Court below , on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M.,Ara in Ara Nawada P.S.Case no. 133 of 2008, subject to the conditions as laid down u/s 438(2) Cr.P.C. but in case chargesheet is submitted against the petitioners they would be required to surrender in the Court below and pray for bail, which would be considered by the Court below on its own merit on the basis of materials available in course of investigation without being prejudiced by the order of this Court. SINGH (Navaniti Prasad Singh, J.)