Ashutosh Kumar @ Ashutosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19908 of 2017 Arising Out of PS.Case No. -246 Year- 2016 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Ashutosh Kumar @ Ashutosh Son of Shailesh Kumar, Resident of VillageHariharpur, Police Station- Karakat, District- Rohtas, at presentAccountant, Primary Health Center, Nasariganj, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashray Roy For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Nasariganj P.S.

Case No. 246 of 2016 instituted for the offence under Section(s) 467, 468, 408, 406, 420, 34 of the Indian Penal Code. As per written report filed by In-charge, Medical Officer, Primary Health Centre, Nasariganj, Rohtas, he received one SMS on his mobile from State Bank of India, Nasariganj that an amount of Rs. 50,000/- has been deducted from the government account no. 33852029720 by cheque no. 771387 and the money has been credited in the account of Rita Devi. The informant enquired from the bank and learnt that Rita Devi has produced the cheque on the basis of forged signature of the informant and thereafter bank authority stopped payment of the

Patna High Court Cr.Misc. No.19908 of 2017 (2) dt.04-05-2017 2/2 amount and the amount has been returned back to the government account. The informant alleged that petitioner was accountant and the cheque book was locked in the almirah and F.I.R has been lodged against this petitioner by the informant. It has been submitted on behalf of the petitioner that petitioner did not take charge of the aforesaid cheque as it will appear from charge report given to the petitioner which has been annexed as Annexure-2 series. It has further been submitted that this petitioner being accountant was not authorized to put any signature on the cheque and only the informant was authorized to put signature on the cheque. The petitioner was made accused merely on suspicion.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of S.J, 1st cum-A.C.J.M, Bikramganj, Rohtas in connection with Nasariganj P.S. Case No. 246 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Shageer/- U T