Banti Giri v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3998 of 2019 Arising Out of PS. Case No.-178 Year-2018 Thana- SARAI District- Vaishali ====================================================== Banti Giri s/o Late Anil Giri Resident of Village-1843, gali No. 7, Arthla, Mohan Nagar, P.S.- Sahibabad, District - Ghaziabad (Uttar Pradesh) ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Amrendra Kumar, Manager (UCO Bank) Son of Sahob Singh Resident of Village- Pirui, P.S.- Garaul, District- Vaishali at present UCOBank, Sarai Branch, P.S.- Sarai, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Sarai PS case no. 178 of 2018 registered for the offence punishable under Sections 420, 406/34 of Indian Penal Code. The allegation is regarding the Bank Manager of UCO Bank, Sarai Bazar having lodged the connected FIR alleging therein that Rs. 5.25 lacs approx. was transferred from the account of Sujit Kumar to the account of Chandan Kumar and Rs. 5.15 lacs approx. was transferred from the account of Sujit Kumar to Vikas Kumar.

Patna High Court Cr.Misc. No.3998 of 2019(2) dt.25-01-2019 2/2 The learned counsel for the petitioner has submitted that at best, the allegation of fraud is against the Chandan Kumar and Vikash Kumar and there is no whisper about the petitioner in the said FIR. It is further submitted that it appears from the impugned order that the name of the petitioner transpired in the confessional statement of co-accused Vikash Kumar and it is stated that the petitioner is his brother. Lastly, it is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 27.09.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sarai PS case no. 178 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T