Bhawnath Batsh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11122 of 2017 Arising Out of PS.Case No. -287 Year- 2016 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Bhawnath Batsh, S/o Shyamanand Batsh, Resident of Village- Brahmpur, P.S.- Manigachhi, District- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar Das, Advocate.

For the Opposite Party : Mr. Yogendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2017 Heard both sides.

The petitioner apprehends his arrest in Sadar P.S. Case No. 287 of 2016 registered for the offences punishable under Sections 420, 409, 467, 408, 471, 379 and 120B of the Indian Penal Code.

The informant, cluster head of SIS company, alleged that his company is doing a business of stacking cash in the ATM. It is alleged that the petitioner along with Chandan Kumar were entrusted to stacking the cash in place of Sagar Verma but during course of verification it was found that there was shortage of cash in the ATM.

Learned counsel for the petitioner submits that the petitioner did the duty in place of Sagar Verma but there is no

Patna High Court Cr.Misc. No.11122 of 2017 (8) dt.03-07-2017 2/2 material to show the involvement of the petitioner. The cash was recovered from Shivam Kumar and others but, it appears that it was the petitioner who was entrusted to put the cash in the ATM and the petitioner knew the secret code of opening the cash box. There was shortage of huge amount of cash. The petitioner and others were responsible for shortage of cash. Considering the facts aforesaid I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T