IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11744 of 2010 SHIV LAL MODI, son of Late Saryug Modi @ Ram Kishun Modi, resident of village + P.O. and Police Station- Pratapganj, District- Supaul ...Petitioner Versus STATE OF BIHAR ...OP ----------- 2/ 15.04.2010 Supplementary affidavit on behalf of the petitioner is being filed. Let it be kept with the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 419, 409 and 420 of the Indian Penal Code. On a report from the bank that certain cheques were encashed purportedly signed by the officials of the Circle Officer, Chhatapur, an enquiry was done and it was found that in fact, those cheques had never been issued from the office and had been misplaced. When further enquiry was done in the matter, it was found that twenty two persons including the present petitioners used the cheque. Petitioner is said to have withdrawn a sum of Rs.30,000/- which he has already deposited on 12.1.2010 by bank draft no.526025 as per the supplementary affidavit filed today on behalf of the petitioner. In view of such, let the petitioner, above named, 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 Sub- Divisional Judicial Magistrate, Supaul, in connection with Chhatapur P.S. case no.163 of 2009, subject to the conditions (i)That one of the bailors will be a close relative of the petitioner, who will give an - 2 - affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of 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, and (v)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)