IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12326 of 2010 BUDHDEO MEHTA,son of late Harkhu Mehta, resident of village-Kainjara,P.S.-Chhatapur, District-Supaul. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :Mr.Naresh Kr.Mehta,Advocate For the State :Mr.Mangal Pandit,Addl.P.P. ----------- 02/ 07-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 419, 420 and 409/34 of the Indian Penal Code, the petitioner is alleged to have illegally withdrawn Rs.30,000/-(Rupees thirty thousand) from the bank by using a lost cheque by forging signature of the authorized person. From the FIR, it appears that the State Government had sanctioned funds for distribution of amount to the flood victims of the year 2008. Though petitioner claims to be also one of the victims, but he is alleged to have unauthorizedly withdrawn Rs.30,000/- from the Punjab National Bank by using a forge cheque. Learned counsel for the petitioner submits that he acted bonafide and believing the cheque to be genuine, he deposited the same for encashment in the bank. However, when it transpired that the cheque was a forge one and withdrawal was illegal, he had immediately deposited the said amount in the bank and by referring to Annexure-2, it is submitted that the Branch Manager had debited rupees thirty thousand from the account of the petitioner for being transferred to the Anchal Adhikari, 2 Chhatapur by way of Demand Draft, who is the informant of the present case. Taking into consideration the aforesaid facts, particularly about return of the money by the petitioner, in the event of arrest/surrender within a period of four weeks from today in Chhatapur P.S.Case No.158/2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)