Luxaman Sharma @ Luxuman Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30615 of 2016 Arising Out of PS.Case No. -91 Year- 2016 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Luxaman Sharma @ Luxuman Sharma son of Ram Bachan Sharma resident of Village- Shikariya P.S.- Darigao (Sasaram) District- Rohtas .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Pandey, Advocate. For the Opposite Party : Mr. Sri Sakir Ahmad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Kargahar P.S. Case No. 91 of 2016 for the offences instituted under Sections 406, 409, 420 and 120B/34 of the Indian Penal Code.

The prosecution story in brief, is that on 19.04.2016, the petitioner along with other co-accused was given rupees twenty lakh to refill in the ATM at Kargahar but under the conspiracy, they took out the money from the cash van.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.04.2016. The charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.30615 of 2016 (3) dt.08-09-2016 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The cash in question has already been deposited in the ATM. The other co-accused have been granted bail vide Cr. Misc. No. 28453 of 2016 dated 14.07.2016 & Cr. Misc. No.26646 of 2016 dated 26.08.2016. On behalf of the state it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of In-charge A.C.J.M.-II, Rohtas at Sasaram, in connection with Kargahar P.S. Case No. 91 of 2016.

(Sudhir Singh, J.) Amit/- U T