Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23796 of 2016 Arising out of PS.Case No. -116 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Manoj Kumar, son of Sri Deonandan Mehta, resident of Village- Raja Bigha, Police Station- Jamhore, District- Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar, Advocate. For the Opposite Party : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 08.04.2016 in connection with Aurangabad (T) P.S. Case No. 116 of 2016 for the offences instituted under Sections 406/34 of the IPC. The prosecution story, in brief, is that the informant being the Regional Manager of Alchemist Township Ltd., Varanasi, received information from the Branch Manager, Alchemist Branch, Aurangabad, that the shutter, door and locks of locker of Alchemist are opened here and Rs.11,56,647/- has not found in locker but no scratch was found on the said locker. It seems that all employees Raj Kumar, Arunjay, Deepu Kumar and

Patna High Court Cr.Misc. No.23796 of 2016 (4) dt.05-08-2016 2/2 Manoj Kumar (petitioner) of the said Alchemist at Aurangabad Branch are involved.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.04.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses against the petitioner. The petitioner is a peon in the said Non-Banking Finance Company. He has been made accused in the present case due to mistake of fact. The other co-accused has been granted bail by this Court vide Cr. Misc. No. 24321 of 2016.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 learned C.J.M., Aurangabad in connection with Aurangabad(T) P.S. Case No. 116 of 2016. U.K./- (Sudhir Singh, J) U T