Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37084 of 2019 Arising Out of PS. Case No.-354 Year-2013 Thana- HAJIPUR District- Vaishali ====================================================== Sujeet Kumar Son of Sri Chandeshwar Prasad Singh Resident of Village - Earaji Shahwajpur, P.S.- Hajipur Sadar, Distt - Vaishali ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance For the Petitioner :

Mr.Surendra Prasad Singh, Advocate For the Opposite Party :

Mr.Lalan Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 420/120B and other allied sections of the Indian Penal Code on the allegation that the petitioner and other accused persons withdrew Rs. 32,97,557/- from the Co-operative Bank in the name of 121 persons of the locality using forged documents.

Learned counsel for the petitioner submits that the petitioner was merely working as a Computer Assistant on contract basis, as such, it is difficult to rely that the aforesaid embezzlement could have been done by him alone. Similarly situated other co-accused persons namely Jawahar Lal Rai and Rajendra Rai have already been allowed anticipatory bail by different benches of this Court vide orders dated 20.5.2014 and 13.5.2014, passed in Cr.Mis.No. 11414/2014 & 13057/2014, whereas Gopal Pd.Chaudhary has been allowed anticipatory bail by the Court below itself vide order dated 30.5.2014. It is also submitted that there is no specific allegation against the petitioner and the charge sheet has also been filed in the case, as

Patna High Court CR. MISC. No.37084 of 2019(4) dt.16-10-2019 2/2 such, there is no chance of tempering with the evidence. Petitioner is in custody since 1.5.2019.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 the Chief Judicial Magistrate, Vaishali in Hajipur town Police Station Case No.354 of 2013 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T