IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5333 of 2010 PRAKASH KUMAR @ PRINCE, S/o Jagdish Prasad Yadav. Versus THE STATE OF BIHAR ----------- 03. 07.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 489B and 489C of the Indian Penal Code. On 24.01.2009 the Branch Manager of State Bank of India, Triveniganj gave an application to the Officer In-charge, Triveniganj P.S. that one Madan Yadav had given 37 notes for deposit on 15.1.09 which were fake and a declaration about the same had even been taken by him on 15.01.2009. Thereafter, the informant gave a further statement that in fact on inquiry he had come to know that Madan Yadav was in fact Prakash Kumar @ Prince son of Jagdish Prasad Yadav i.e. the present petitioner. However, it is not understandable as to why a senior officer like a post of Branch Manager did not disclose this vital fact even nine days after the said declaration at the time of institution of the First Information Report. In view of such and also that the petitioner has no criminal antecedent, let the petitioner above named be - 2 - 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 connection with Triveniganj P.S. Case No. 16 of 2009 subject to the 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. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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. (iv) 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. Vikash/- (Anjana Prakash, J.)