Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15706 of 2021 Arising Out of PS. Case No.-790 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== DEEPAK KUMAR Son of Satyendra Narayan Singh Resident of VillageSakarbaraSabik, P.S.- Gaighat, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y. C Verma, Sr. Advocate Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-07-2021 Heard learned senior counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Ahiyapur P.S. Case No. 790 of 2020 registered under sections 420 and 379 of the Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that with engineer Ghanshyam visiting the ATM machine of the bank for correcting a technical glitch, it is stated that he discovered the vault to be open and Rs.16.245 Lakhs missing.

It is submitted by learned senior counsel appearing for the petitioner that the F.I.R. was registered against unknown.

Patna High Court CR. MISC. No.15706 of 2021(2) dt.23-07-2021 2/3 Referring to the order of the learned Court below, he submitted that the material that has transpired in course of investigation has been dealt with by the learned Court below. From perusal of the same, it would transpire that the only material against this petitioner is that the petitioner along with two others were in possession of the pass-code of the cash vault. It is submitted that the allegations against the petitioner are false and fabricated. No incriminating article has been recovered from the petitioner's possession. No material has transpired to the effect that the password of the ATM was shared by the petitioner with any other person. Even from the CCTV footage, the presence of the petitioner does not transpire. The petitioner is in custody since 8.10.2020. He has no criminal antecedent and investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made by learned senior counsel appearing for the petitioner together with the investigation in the case having concluded and the petitioner having remained in custody for more than 9 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is

Patna High Court CR. MISC. No.15706 of 2021(2) dt.23-07-2021 3/3 directed to be enlarged on bail in connection with Ahiyapur P.S. Case No. 790 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur.

(ParthaSarthy, J) Prakash/- U T