Niranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8145 of 2017 Arising Out of PS.Case No. -311 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Niranjan Kumar Son of Ram Murti Sharma Resident of Village- Manikpur, P.O. Rajaour, P.S. Gardhpura, District- Begusarai. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Barun Kumar Choudhary For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Barauni P.S. Case No. 311 of 2016 instituted for the offence under Section 406, 407, 408/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that he is not named in the written report. His name has been disclosed by co- accused Mantun Ram.
It is alleged in the FIR that writer Safeguard Pvt. Ltd. Company is responsible for providing cash by loading the same in different banks including the SBI ATM. SBI ATM, Begusarai are under custody of accused Mantun Ram and Subhash Kumar, employees of the Company and that on audit of the accounts of SBI ATM centre at Begusarai by Auditor Surendra Yadav and Anwar Rahman found embezzlement and mis-appropriation of
Patna High Court Cr.Misc. No.8145 of 2017 (3) dt.28-03-2017 2/2 Rs. 7 lacs from the ATM centre under custody of Mantun Ram and Subhash Kumar and found shortage of amount. It is alleged that accused Mantun Ram used to share password with this petitioner also and on such statement this petitioner has also been implicated.
Learned counsel for the petitioner has submitted by pointing out Annexure-2 that the petitioner has sent resignation to the Company on 03.03.2016.
From the written report, it appears that occurrence has taken place in the month of August, 2016. From the written report itself, it appears that name of this petitioner has been disclosed by main accused Mantun Ram who is named in the written report.
Considering the aforesaid facts and circumstances, the prayer for bail of the petitioner is allowed. 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 learned Chief Judicial Magistrate, Begusarai, in connection with Barauni P.S. Case No. 311 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.
Ravi/- (Sanjay Priya, J) U T