Kameshwar Kumar Jaiswal @ Kameshwar Prasad Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44074 of 2014 Arising Out of PS.Case No. -223 Year- 2014 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Kameshwar Kumar Jaiswal @ Kameshwar Prasad Jaiswal Son of Bhikhari Jaiswal @ Bhikhari Choudhary Resident of Near Bada Shivalaya Forbesganj, P.S. - Forbesganj, District - Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarangdhar Jha For the Opposite Party/s : Mr. Kr. Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Forbesganj P.S. Case No. 223 of 2014 registered for the offences punishable under Sections 419, 420, 406, 409, 467, 471/34 of the Indian Penal Code.

Allegedly, the informant went in the bank to transfer the amount of rupees two lacs through cheque in the account of a businessman of Araria dealing in hardware and then the petitioner brought him to the Assistant Branch Manager and then he took the cehque and form of RTGS but the amount was not transferred rather it was transferred in the fake account of

Sunita Devi wife of Madan Prasad and the amount was taken away. In spite of several request the amount was not given, then the case has been lodged.

Submission is that the petitioner has got no role in the alleged bungling. He was the temporary worker on daily wages and he has been removed from the work. The petitioner has nothing to do with the work of RTGS and admittedly the same was given to the Bank Manager. The petitioner is suffering in custody since 19.8.2014 and in this case chargesheet has already been submitted and there is no chance of tempering with the prosecution evidence to which the learned APP opposes. In the facts and circumstances stated above and considering the fact that chargesheet has already been submitted, the petitioner above named is directed to be released on bail on execution of bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No.

his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T