IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1148 of 2010 INDU BHUSHAN PANDEY, s/o Sri Ishwara Jan Pandey Versus STATE OF BIHAR ----------- 3/ 23.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 489-A, 489-B, 489-C and 420 of the Indian Penal Code. The case of the prosecution is that an amount of Rs.32,500/- were found fake by the Branch Manager and on further investigation it was found that one lady Farida Begum had withdrawn fifty thousand rupees which the petitioner as the Cashier had given and when she raised protest suspecting the same to be fake the same was replaced by the present petitioner. Thereafter, when the LIC officials came to deposit the money, part of the fictitious notes were changed by the present petitioner which was detected by the Branch Manager and then the present case was instituted. Taking into consideration the fact that the case is based on suspicion and the petitioner is in custody since 22.9.2009, let the petitioner, above named, who is a government servant, 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, Buxar, in connection with Buxar (Town) P.S. case no.218 of 2009, subject to the 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 - 2 - affidavit shall clearly state that the petitioner is not an accused in any other case of similar nature 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, and (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. JA/- (Anjana Prakash, J.)