IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26724 of 2010 PRIYAVRAT KUMAR @ BABLU Versus THE STATE OF BIHAR ----------- 2 28.10.2010. Heard learned counsel for the parties. The petitioner has been made accused in a case under section 420 and other allied sections of the I.P.C. and section 138 of the N.I. Act. The informant Zahir Hussain stated that for installing X-Ray machine at Dumra Primary Health Centre (PHC) in view of Public notice of Rajya Swasthya Samiti, Bihar, Pariwar Kalyan Bhwan, Sheikhpura, Patna published in the year 2006 for which IGE Medical System, Silvassa was given contract, he met one Manoj Kumar, whom he was knowing very well. Said Manoj Kumar told the informant that he is very well acquainted with offices of Silvassa. He further offered that if the informant so likes he can have an X-Rays Machine established in Dumra PHC at his behest. He stated that he will arrange a meeting with one Sunil Pathak, the Director of I.G.E.Medical System. He further disclosed that he is also one of the channel distributors of the project. Manoj Kumar stated that in case he wants the X-Rays machine to be established in the Dumra PHC, he will have to pay a sum of Rs. 2,10,750/- to him. The informant as such gave a cheque (No. 307154) of Rs. 60,000/- in favour of Manoj Kumar. The aforesaid Manoj Kumar withdrew the amount on 21.8.2008. On 25.11.2008, Manoj Kumar introduced the petitioner to Sunil Pathak, who asked him to deposit the balance amount. In the 2 process, the informant was introduced to this petitioner who gave him his Visiting card stating himself to be a Divisional Sales Engineer of the Firm. The informant on 25..11.2008 gave another cheque of balance amount of Rs. 1,50,750/- to Manoj Kumar who handed over the same to one Ashutosh Kumar who was also sitting there. However, said Ashutosh Kumar told that he would not take the balance money in cheque and if he pays the same in cash, he would give him relief of Rs. 21,000/- in total. Thereafter, informant gave the aforesaid amount in cash to the petitioner in presence of all of them. Informant further submits that neither the cheque of Rs. 1,50,750/- was returned to him nor X-Rays machine was installed in the PHC. They even withdrew the cheque amount of Rs. 1,50,750/- on 12.5.2009. it is further alleged that thus they cheated Rs. 3,40,750/- and when he requested them to return the same, a cheque of Rs. 3,40,750/- was issued by the petitioner which bounced. The petitioner submits that it would appear from the F.I.R. that the informant held negotiation with Manoj Kumar. He further submits that he is merely an employee of the Firm and received/issued the aforesaid cheques on directions of officials of the Firm mentioned above. Petitioner is in custody since 11.6.2010. Learned counsel appearing for the informant submits that all the accused persons including the petitioner are involved in the conspiracy. It appears the main transaction took place between other persons and not with the petitioner. The deal was made with 3 Manoj Kumar and Sunil Pathak. The main allegations are against the aforesaid persons. Petitioner is merely staff of Sunil Pathak. In the facts and circumstances of the case, let the petitioner as above 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 the Chief Judicial Magistrate, Sitamarhi in Sitamarhi Police Station Case No. 656 of 2009 Petitioner would co-operate in the trial. Shashi. (Samarendra Pratap Singh, J.)