Patna High CourtCR. MISC./49556/2017bail granted

Md. Shahid @ Md. Sayeed @ Md. Sayeed Anwar @ Saheed Anwar v. The State Of Bihar

2017-11-27Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49556 of 2017 Arising Out of PS.Case No. -685 Year- 2013 Thana -KOTWALI District- PATNA ======================================================

1. MD. SHAHID @MD. SAYEED @ MD. SAYEED ANWAR @ SAHEED ANWAR Son of Hafiz, resident of Village- Raipura, P.S.- Fatuha, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Kotwali P.S. Case No. 685 of 2013 dated 22.11.2013 instituted for the offence under Section 420 of the Indian Penal Code. The petitioner at the relevant time worked as a Data Entry Operator and it was found out that about Rs. 34,10,050/- was wrongly transferred through E.C.S. to the account of others. Mr. Ramakant Sharma, learned senior Advocate, has stated that out of aforesaid amount, Rs. 11 lacs have already been returned. He has further submitted that there is no evidence against the petitioner that such wrong remittance of money in different accounts was because of any conspiracy on the part of the petitioner to unjustly enrich himself. This could be a case of

Patna High Court Cr.Misc. No.49556 of 2017 (4) dt.27-11-2017 2/2 negligence or incompetence but it cannot at all be said that it was deliberate act of the petitioner.

The petitioner, it has been argued now ceases to remain as Data Entry Operator. A separate case has been lodged against one of the employees of the Bank in which the concerned employee has been granted bail.

The petitioner is in custody since 25.07.2017. Taking into account the aforesaid facts and also that the petitioner has remained in custody since 25.07.2017, this Court is inclined to grant bail to the petitioner, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 685 of 2013. (Ashutosh Kumar, J.) Rakhi U T