Patna High CourtCR. MISC./9404/2019allowed

Santosh Kumar v. The State Of Bihar

2019-02-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9404 of 2019 Arising Out of PS. Case No.-405 Year-2018 Thana- LAHERIMUHALLA District- Nalanda ====================================================== SANTOSH KUMAR Son of Sri Bundel Rabidas Resident of Dumri,P.S.- Parwalpur, Dist-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babita Kumari For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Laheri P.S. Case No. 405 of 2018 for the offence under section 420, 406, 409 of the Indian Penal Code.

Learned counsel for the petitioner would submit that petitioner has no criminal antecedent.

Referring to prosecution case, he submits that the allegation against this petitioner is that he was employee of customer service centre at SBI (CSP), Sathopur. He was given a cheque bearing no. 948076 of Rs. 96,000/- for withdrawal and it is alleged that he developed the story of the snatching of money of Rs. 96000/- and disbelieving his story, the present case was registered.

Patna High Court Cr.Misc. No.9404 of 2019(2) dt.18-02-2019 2/2 Learned counsel for the petitioner would submit that petitioner was directed to withdraw the money and deliver the same to one Vijay Mahto. In fact, the petitioner after withdrawal of money has delivered the same to Vijay Mahto. Learned counsel submits that looking at the totality of the conduct of the petitioner, no prudent man can accept version of the prosecution that he has plotted the story of snatching money.

The petitioner is in custody since 29.11.2018. Considering the fact that petitioner has no criminal antecedent and the investigation in the present case is now complete, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Laheri P.S. Case No. 405 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T