Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45280 of 2021 Arising Out of PS. Case No.-49 Year-2016 Thana- NOKHA District- Rohtas ====================================================== KAUSHAL KUMAR S/o Yogendra Prasad R/o Vill- Rajpur, P.S.- Rajpur, Distt- Rohtash ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 406, 420, 467 and 468 of the Indian Penal Code and section 138 of the N.I. Act.

As per the prosecution case, the accused persons were running the customer service point (CSP) of the State Bank of India. It is stated that the informant deposited a total sum of Rs. 90,000/- in the said customer service point (CSP) but on going to withdraw the same, he learnt that he had been cheated and no amount was returned to him.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He is not named in the FIR. His name transpired in course of

Patna High Court CR. MISC. No.45280 of 2021(4) dt.28-02-2022 2/2 investigation in the statement of Sunita Devi and thereafter in the second statement of the informant recorded in course of investigation. It is submitted that even from the material that has transpired in course of investigation, it has come that the main co-accused in the case is Krishna Mohan Giri. So far as the petitioner is concerned, he was working as a staff/peon with the main accused. Petitioner is in custody since 13.1.2021 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of material that has transpired against the petitioner in course of investigation together with the petitioner having remained in custody for more than 1 year, the Court directs the petitioner to be enlarged on bail in connection with Nokha P.S. Case no. 49 of 2016 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-V, Sasaram, Rohtas.

(Partha Sarthy, J) Prakash/- U