Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5540 of 2019 Arising Out of PS. Case No.-728 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== Amit Kumar, Son of Shankar Rai Singh @ Shankar Rai @ Shankar Sharan Singh, Resident of Village- Bidupur Naya Tola, Police StationBidupur,District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 11.10.2018 in a case registered for the offences punishable under Sections 420, 406 and 407/34 of the IPC.

The prosecution case as per the FIR is that the petitioner and co-accused, Raju Kumar were entrusted Rs. 1,48,00,000/- for loading the same in the A.T.M. of different banks. Subsequently, they informed the informant, being Senior Service Associate at Hajipur Branch of CMS Info System Cash Replacement, which used to carry cash to different bank, that total Rs. 6,00,000/- is falling short.

It is submitted by learned counsel for the petitioner that the

Patna High Court Cr.Misc. No.5540 of 2019(3) dt.05-02-2019 2/2 Location In-charge of Hajipur was the In-Charge of the cash and the job of the petitioner and co-accused Raju Kumar was only to load the cash in the different A.T.Ms. and considering the accusation, similarly situated co-accused, Raju Kumar has been granted bail by a Bench of this Court, vide order dated 31.01.2019, passed in Cr. Misc. No. 78733 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that thrust of accusation is against the petitioner and co-accused Raju Kumar.

Considering the fact that similarly situated co-accused person has been granted bail and the investigation has already been concluded, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur P.S. Case No. 728 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T