Niraj Kumar @ Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32823 of 2019 Arising Out of PS. Case No.-206 Year-2018 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== NIRAJ KUMAR @ NEERAJ KUMAR, Son of Late Maheshwar Sngh. Resident of Village - Medhuka, P.S.- Sahajitpur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 409, 420, 379, 120B, 34 of the Indian Penal Code.

Petitioner and other named accused persons were employees of the service provider, who was under agreement with the Bank for uploading cash in different A.T.Ms. When money was found missing from one of the A.T.Ms., it was detected that in fact the employees authorized for uploading the cash had not uploaded the same.

Submission is that during investigation it revealed that some misappropriated cash were recovered from the possession of co-accused, Abhishek Kumar Singh and Rupesh Kumar and no

Patna High Court CR. MISC. No.32823 of 2019(3) dt.12-06-2019 2/2 recovery is there from the possession of the petitioner. The said Abhishek Kumar Singh has been allowed provisional bail by a coordinate Bench of this Court in Criminal Miscellaneous No.30407 of 2019, with condition that he would deposit Rs.1,00,000/- (Rupees One Lac) and thereafter provisional bail shall be confirmed. Petitioner is in custody since 07.12.2018.

Considering the aforesaid fact, let the petitioner, above named, be released on provisional bail for three months on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Industrial Area (Hajipur) Police Station Case No.206 of 2018, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

In the meantime, the petitioner shall deposit Rs.1,00,000/- (Rupees One Lac) to the Bank and thereafter, only the provisional bail of the petitioner shall be confirmed by the court below.

(Birendra Kumar, J) abhishek/- U T