Suman Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14259 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -SUIYA District- BANKA ====================================================== Suman Kumar, son of Om Prakash Mandal, resident of Village- Auriya, P.S. Barahat, District- Banka, at present Village-Meena Bazar, P.S. Madhupur, District- Deoghar (Jharkhand) .... .... Petitioner

Versus

1. State of Bihar

2. The Branch Manager, UCO Banki, Suiya, District Banka .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Arvind Kumar, Advocate For the Opposite Parties : Smt. Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Suiya P.S Case No. 04 of 2016 registered for the offences punishable under Sections 420, 409, 477 and 477(A) of the Indian Penal Code.

Allegedly, the petitioner has illegally withdrew the amount from passbooks of account holders and for that he has been suspended.

Submission is of false implication and that there is no specific allegation as to from whose account the amount has been withdrawn, the petitioner has been made victim of the circumstances, he is in custody since 13.01.2017, charge sheet has

Patna High Court Cr.Misc. No.14259 of 2017 (3) dt.23-05-2017 2/2 already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. submits that petitioner has confessed his guilt.

In the facts and circumstances stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, as such, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Banka, in connection with Suiya P.S. Case No. 04 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T