Himanshu Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16469 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- KANKARBAG District- Patna ====================================================== Himanshu Ranjan, Son of Sri Kaushal Kishore Sinha, Resident of House No.24, Dulari Bhawan, Birla Colony Phulwari Sharif, P.S-Phulwarisharif, District-Patna ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== WITH CRIMINAL MISCELLANEOUS No. 19679 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- KANKARBAG District- Patna ====================================================== Sandeep Kumar, Son of Sri Rameshwar Singh, Resident of Village - Mahsoura, P.S.- Ramgarh Chowk in the District of Lakhisarai. ... ... Petitioner

Versus

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

(In Criminal Miscellaneous No. 16469 of 2019) For the Petitioner :

Mr. Kaushal Kishore Sinha, Advocate For the Opposite Party :

Ms. Nirmala Kumari, APP (In Criminal Miscellaneous No. 19679 of 2019) For the Petitioner :

Mr. Gopal Prasad Roy, Advocate For the Opposite Party :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-05-2019 Heard learned counsel for the respective petitioners, learned counsel for the State and learned counsel for the informant.

The petitioners seek bail in connection with Kankarbagh P.S. Case No.62 of 2019 registered under Sections 420 and 406 read with 34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that

2/4 from perusal of the first information report itself, it would be manifest that on 11.01.2019 after locking the locker, the petitioners gave the keys of the said locker to Dharmendra Kumar and Anshuman Parasar respectively. They are Branch Manager and the Assistant Branch Manager. There is no specific allegation against the petitioners that they in any manner were involved in removing the cash from the locker after the same was deposited. They have been named in the first information report merely on suspicion. They are in custody since 29.01.2019.

Learned counsel appearing for the State submitted that it is a case in which Rs.7,88,285/- was removed from the locker of one of the branch of Saija Finance, a non-banking company.

Learned counsel for the informant submitted that the application for grant of bail of co-accused Anshuman Parasar has already been rejected by a Bench of this court vide order dated 14.05.2019.

In reply, learned counsel appearing for the petitioners submitted that the case of the petitioners is quite different from the case of the co-accused Anshuman Parasar. His application for bail was rejected on the ground that he being the custodian

3/4 of the key of the locker of the non-banking company was missing from the branch whereas there is no such allegation against the petitioners.

Regard being had to the submissions made above, the petitioners, who are in custody since 29.01.2019 and have no criminal antecedent as stated in paragraph no.3 of the application and whose case is distinguishable from that of coaccused Anshuman Parasar, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st Class, Patna in connection with Kankarbagh P.S. Case No.62 of 2019 subject to the following conditions:- (a) that the petitioners shall attend court in accordance with the conditions of the bond executed;

(b) that the petitioners shall not commit an offence similar to the offence of the present case; and (c) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to

4/4 the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J.) Sanjeet/- U T