Jitendra Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2098 of 2019 Arising Out of PS. Case No.-719 Year-2018 Thana- SHEKHPURA District- Sheikhpura * ====================================================== Jitendra Kumar Sinha, son of Late Ballou Yadav @ Ballav Yadav, resident of Village- Pandey Bigha, P.S. Akbarpur, District Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-03-2019 Petitioner seeks bail in anticipation of his arrest in connection with Sheikhpura P.S. Case No. 719 of 2018, registered for the offences punishable under Sections 406, 409, 420, 120B of the Indian Penal Code and Section 66(D) of Information and Technology Act.

Allegation as per FIR is that one co-accused Mantu Kumar, being Computer Operator in the office of Police Department, used to deposit the salary amount of the department of Police in the account of the petitioner several times and later on withdrew the same.

Submission of learned counsel for the petitioner is that he is an illiterate person not knowing the implication of the same but he is ready to pay back the amount. Further submission is that one coaccused having similar allegation has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order

Patna High Court CR. MISC. No.2098 of 2019(3) dt.08-03-2019 2/2 dated 28.1.2019 passed in Cr.Misc.No.2954 of 2019 considering the aforesaid fact.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender within a period of six weeks and on surrender he will be released on provisional bail by the court below for a period of three months on the condition that petitioner will pay back the total amount in three equal instalments, first of which shall be deposited on his surrender and rest of the amount shall be deposited in two equal instalments within a period of three months, failure to deposit any of the instalments, his bail bond shall be cancelled. Once the total amount is deposited, his bail bond shall be confirmed by the court below. It is needless to say that petitioner has to co-operate in the investigation and appear before the police as and when required, otherwise prosecution is given liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) spal/- U T