Patna High CourtCR. MISC./15744/2019bail granted

Nirbhay Kumar v. The State Of Bihar

2019-05-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15744 of 2019 Arising Out of PS. Case No.-90 Year-2016 Thana- KARAHGAR District- Rohtas ====================================================== Nirbhay Kumar S/o Kanhaiya Prasad Sharma Resident at Village-Lalapur P.SKudra, District-Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Saroj Kumar Sharma, Advocate Ms. Kiran Kumari Sharma, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 394 of the Indian Penal Code. The petitioner lodged the present FIR alleging therein that cash from his possession was looted by some unknown person. The management, to which the petitioner was related, lodged the case that the petitioner and others had misappropriated the money. The case lodged by the management was Kargahar P.S. Case No.91 of 2016. In that case the petitioner was allowed bail by a coordinate Bench of this Court on 26.08.2016 in Cr. Misc. No.26646 of 2016.

Patna High Court CR. MISC. No.15744 of 2019(4) dt.17-05-2019 2/2 Submission is that looted money was recovered from the possession of the person who had looted the same and only on suspicion the petitioner was named as accused. The petitioner is in custody since 13.01.2019. Investigation of the case is complete.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kargahar P.S. Case No.90 of 2016, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T