Shiv Kishor Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15499 of 2017 Arising Out of PS.Case No. -109 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Shiv Kishor Gupta, S/o Laxmi Sah resident of village Dhurlakh P.S. Muffasil, District Samastipur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Branch Manager, Canara Bank Vikrampur Bande, P.S. Muffasil, District - Samastipur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Muffasil P.S. Case no. 109 of 2016, registered under Section 392 of the Indian Penal Code.

The accusation is that informant being the Branch Manager, Canara bank, Vikrampur branch proceeded on 07.11.2014 boarding on Maruti van along with other staff keeping the cash of Rs. 50 Lakhs. In the way, four persons on two motorcycles and three persons boarding in the car stopped his vehicle and on the point of pistol looted the said cash and Samsung galaxy mobile having two SIM in it.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.15499 of 2017 (6) dt.01-09-2017 2/2 petitioner is not named in the F.I.R. In course of investigation, one Md. Danish confessed his guilt and he also disclosed the name of the petitioner along with others as his associate, except the confessional statement nothing has been collected by the I.O of this case against the petitioner. Further submission is that, in fact, the vehicle which was being used by the informant at the time of carrying the cash of Rs. 50 Lakhs belongs to the petitioner and that was hired by the bank and petitioner is always touch to the officials of the bank, but with ulterior motive, the Police got implicated the petitioner showing his involvement in the confessional statement of co-accused.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Samastipur in connection with Muffasil P.S. Case No.109 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T