Jai Prakash v. The State Of Bihar

Patna High Court Cr.Misc. No.9503 of 2016 (2) dt.12-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9503 of 2016 Arising Out of PS.Case No. -3 Year- 2015 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Jai Prakash, son of Late Kishun Sah, Resident of Mohalla - Banali Tola, P.S. Town and District Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate. For the Opposite Party/s : Mr. Dr. Ajit Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with RPF (SPJ) P.S. Case No. 03 of 2015 registered under Section 3 of the R.P. (UP) Act.

The Accusation is that Cash of Rs.6,03,444/- and voucher of Rs.1,880/- was stolen by unknown person from the counter of Cash In-charge, Sohel Ansari, at Railway Booking Office, Samastipur.

Learned counsel for the petitioner submits that F.I.R. was lodged against unknown regarding theft of cash and voucher by unknown person from the counter of Sohel Ansari but

Patna High Court Cr.Misc. No.9503 of 2016 (2) dt.12-04-2016 in course of investigation, on the basis of CCTV footage, Pankaj Kumar Singh was identified and arrested by the police and entire cash was recovered from his house. It is further submitted that petitioner was simply posted as Chief Booking Clerk at Samastipur due to that reason petitioner and others employees have falsely been implicated in this case. It is further submitted that similarly situated co-accused, Banti Kumar has already been granted privilege of anticipatory bail by a Bench of this Court vide order dated 04.04.2016 passed in Criminal Misc. No. 7551 of 2016.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) four with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Samastipur, in connection with RPF (SPJ) P.S. Case No. 03 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T