Ankit Bihari Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10242 of 2023 Arising Out of PS. Case No.-358 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== ANKIT BIHARI PANDEY Son of Shri Satyendra Kumar Pandey @ Satendra Pandey R/v- Khajuri, P.S.- Panapur, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 381 & 409 of the Indian Penal Code.

According to prosecution case, the petitioner, being Deputy manager of the Nabfince Ltd, Motipur along with coaccused namely, Raushan Kumar are alleged to have theft of Rs. 15,40,149/- which was kept in the locker of the bank. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is only custodian of one of the two keys of the locker in which the money has been kept due to this reason he has falsely been implicated in the present case. Nothing has been recovered from conscious or constructive possession of the

Patna High Court CR. MISC. No.10242 of 2023(3) dt.15-05-2023 2/2 petitioner rather the FIR has been lodged on the basis of suspicion. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused namely, Raushan Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 1.5.2023 passed in Cr. Misc. No. 4076 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 11.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Motipur P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-2nd, Muzaffarpur (West).

(Sunil Kumar Panwar, J) Amandeep/- U T