IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42499 of 2010 DILIP KUMAR son of Sadanand Singh, resident of village-Baghaur, P.S.-Halsi, Dist.-Lakhisarai Versus THE STATE OF BIHAR ----------- 2. 13.1.2011. Heard Mr. Jitendra Kumar Singh, learned senior counsel for the petitioner and Mr.Arbind Kumar Pandey, learned Additional Public Prosecutor for the State. The petitioner, who is in custody in connection with Kotwali P.S.Casse No.321 of 2008 for the offences under sections 406, 420, 467, 468, 471 and l120B of the Indian Penal Code since 22.9.2008, has prayed for grant of bail. Accusation in the present case, as per the first information report, is that the informant and this petitioner being a partner were running a partnership firm in the name and style of Magadh Construction Company. It was alleged that out of construction work two cheques were issued by the Bihar State Bridge Corporation for an amount of Rs.13,04,226/- dated 31.5.2008 and Rs.9,04,462/- dated 30.6.2008. It was alleged that in absence of the informant, the petitioner got opened a new account on 9.6.2008 in the same bank i.e Punjab National Bank, Fraser Road, Patna in connivance with the Branch Manager in the name and style of Magadh Construction Company as a proprietorship firm and, thereafter, the said amount was withdrawn by the petitioner. It was alleged that a false retirement deed was got prepared on the basis of false signature of the informant and on that basis a new account was opened. 2 Learned counsel for the petitioner, while pressing the bail petition, submits that even in the first information report the informant has not whispered as to whether he had contributed even a single farthing in the partnership firm nor he has disclosed that he was an active partner. It was further submitted that since the informant was apprehended in a criminal case and was inside the jail, due to exigency of work a retirement deed was got prepared over which the petitioner himself signed. Be that as it may, keeping in view the nature of accusation and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No.321 of 2008. Md.S. ( Rakesh Kumar, J.)