Sumit Patel @ Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41928 of 2017 Arising Out of PS.Case No. -157 Year- 2017 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Sumit Patel @ Satish Kumar S/o- Umesh Prasad R/o Village- Raghu Bigha, P.S. & District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Mohan Mishra For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Noorsarai P.S. Case No. 157 of 2017 for offences punishable under Sections 419, 420, 120(B) and 34 of the Indian Penal Code. The prosecution case, as lodged by the Branch Manager of Punjab National Bank, Noorsarai Branch, is that by mistake a sum of Rs. 400000/- was deposited in the account of the petitioner as per email from Andhra Bank Gosaninuagon. After such information the informant found that Rs. 400000/- has been withdrawn from the said account. Another co-accused

Patna High Court Cr.Misc. No.41928 of 2017 (2) dt.20-09-2017 2/3 who came to the Branch was also found involved hence he was taken to the police station.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and the alleged amount by mistake was deposited in his account for which the petitioner cannot be held liable and is languishing in judicial custody since 07.07.2017.

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 S.D.J.M., Biharsharif, Nalanda in connection with Noorsarai P.S. Case No. 157 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner, the petitioner will not induce or tamper with the evidence and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two

Patna High Court Cr.Misc. No.41928 of 2017 (2) dt.20-09-2017 3/3 consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T