Shivendra Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33547 of 2019 Arising Out of PS. Case No.-206 Year-2018 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== SHIVENDRA KUMAR @ CHHOTU Son of Late Birendra Singh @ Late Birendra Kumar Singh, Resident of Village - Jurawanpur, P.S.- Jurawanpur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha For the Victim Company :

Mr. Mayank Rukhaiyar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-08-2019 Heard the learned counsel for the petitioner, the learned APP for the State and Shri Mayank Rukhaiyar, for the Victim Company, namely, Secure Value Company. The petitioner seeks regular bail in connection with Industrial Area P.S. Case No. 206 of 2018 for the offences punishable under Sections 409, 420, 379, 120(B)/34 of the Indian Penal Code.

The allegation in the present case is regarding the main accused, namely, Neeraj Kumar and Abhishekh Kumar Singh having committed theft in the ATM machine and having taken away huge sums of money. In so far as the petitioner is concerned, he is said to be brother-in-law of the said Abhishekh Kumar Singh and he is stated to have received a sum of Rs.98,000/- from the main accused, namely, Abhishekh Kumar Singh.

Patna High Court CR. MISC. No.33547 of 2019(3) dt.17-08-2019 2/2 The learned counsel for the petitioner submits that the petitioner has got no role to play in the alleged incident and the petitioner is having a clean antecedent and is languishing in custody since 07.12.2018. It is further submitted that some of the accused persons have already been granted regular bail by this Court vide orders dated 12.04.2019 and 16.04.2019 passed in Cr. Misc. No. 10093 if 2019 and 16550 of 2019. Per contra, the learned counsel for the Victim Company has vehemently opposed the prayer for bail of the petitioner.

Having regard to the facts and circumstances of the case and considering the fact that some of the co-accused persons have already been enlarged on bail, I deem it fit and proper to enlarge the petitioner, above named, on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 206 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T