IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41570 of 2008 OM PRAKASH TIWARY, son of Suryanath Tiwary, resident of Village Bangra Paschim Tola, P.S. Mashrakh, Dist. Saran at Chapra-------------------------------------------petitioner Versus STATE OF BIHAR-----------------------------------opp.party ----------- 4. 19.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 406, 420 and 120B of the Penal Code. He is named in the FIR as the one who fraudulently withdrew Rs.6,40,000/-(Rupees six lacs forty thousand) from Savings Bank Account of Dr.Vijya Rani Singh. It is stated on behalf of the petitioner that the withdrawal was made through a cheque although petitioner never applied for check facility, which fact has also been noticed during investigation. Let the court below verify as to whether petitioner ever applied and received the cheques from the Branch concerned and if it is found that he neither applied nor received cheque(s) from the branch then he be admitted to the privilege of bail on furnishing bail bond of rupees five thousand with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Town P.S.case no. 290 of 2007 otherwise this order need not be given effect to. (V.N.Sinha,J.) spal/