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Patna High CourtCR. MISC./34046/2017bail granted

Himanshu Kumar v. The State Of Bihar

2017-07-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34046 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -SAHKUND District- BHAGALPUR ====================================================== Himanshu Kumar, son of Daya Nand Tiwari, resident of village Tulsipur, P.S. Kharik, District Bhagalpur. .... .... Petitioner.

Versus

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

For the Petitioner : Mr. Sunil Kumar Singh, Adv. For the Opposite Party : Smt Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Shahkund P.S. Case No.66 of 2017 registered for the alleged offences under Sections 193, 420, 406 and 120 B/34 of the Indian Penal Code.

As per the prosecution case one co-accused, Sanjay Kumar, was in need of money for the treatment of his wife. He in connivance with the petitioner and others misappropriated Rs.55,827.00 of the Bharat Financial Inclusion Limited Company of which they were employees and got false case of looting the aforesaid money and tablet mobile registered. It has been submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid

Patna High Court Cr.Misc. No.34046 of 2017 (02) dt.20-07-2017 2/2 occurrence. The main accused is Sanjay Kumar. As a matter of fact, Sanjay Kumar was in need of money for treatment of his wife and he had misappropriated the said money of the aforesaid Company for said purpose. Petitioner has no concern with the said money. Barring the confessional statement of the co-accused Sanjay Kumar, there is nothing on record to indicate the complicity of the petitioner. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has been languishing in jail custody since 30.04.2017. In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Bhagalpur in connection with Shahkund P.S. Case No.66 of 2017.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T