Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41931 of 2017 Arising Out of PS.Case No. -9 Year- 2016 Thana -BARBIGHA District- SEKHPURA ====================================================== Gautam Kumar S/o Lakhan Singh R/o Dahriya Bigha, P.O.- Bodh Gaya , District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Onkar Nath, Adv. For the Opposite Party/s : Mr. Sri Ram Anurag Singh, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 09.06.2017 in connection with Barbigha P.S. Case No. 09 of 2016 for offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

The prosecution case, as lodged by the In-charge Medical Officer, Referral Hospital, Barbigha, is that from the bank account of Referral Hospital, Barbigha cheque of Rs. 1,87,000/- and cheque of Rs. 2,98,620/- were transferred to the Allahabad Bank and Indian Bank, Sheikhpura. Cheque of Rs. 187000/- was

Patna High Court Cr.Misc. No.41931 of 2017 (2) dt.20-09-2017 2/3 in the name of the petitioner which was tried to be encashed. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and the petitioner had not deposited the said cheque in his account and that he has no concern with the Referral Hospital rather he was working as office boy in Saptkunj Construction Pvt. Ltd. Bodhgaya. It is submitted that from the Bank statement of account of the petitioner which is annexed as Annexure-3 of the supplementary affidavit the said amount has not been encashed in his account. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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, Sheikhpura, in connection with Barbigha P.S. Case No. 09 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioner having

Patna High Court Cr.Misc. No.41931 of 2017 (2) dt.20-09-2017 3/3 sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Devendra/- U T