← Library
Patna High CourtCR. MISC./4156/2019disposed

Niraj Kumar v. The State Of Bihar

2019-02-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4156 of 2019 Arising Out of PS. Case No.-78 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== Niraj Kumar, son of Ashok Kumar Singh Vill.- Bihat, Masnadpur, P.S.- Barauni, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Indra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Teghra P.S.Case No. 78 of 2018, registered for offences punishable under Sections 420, 408 and 409 of the Indian Penal Code.

Allegation as per F.I.R. against the petitioner is of transferring the amount of Rs. 6,32,554.00/-without permission of account holder in connivance with the Sub Postmaster. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and that he has not cheated any person under Section 420 of the Indian Penal Code and the order passed in Cr. Misc. No. 37093 of 2018 shows that whole amount transferred to some other account has been deposited by Co-accused and the petitioner is ready to abide all conditions imposed upon him.

Patna High Court Cr.Misc. No.4156 of 2019(3) dt.04-02-2019 2/2 Learned A.P.P. opposed the prayer for bail Having heard both sides and in view of the facts and circumstances as discussed above, this application is disposed of with direction to the learned court below to verify the fact whether the amount in which was withdrawn has been deposited by the co-accused and it is found that the total amount is deposited by co-accused, he shall be released on bail to the satisfaction of the Court below. Till then, petitioner may be released on provisional bail to the satisfaction of the Court below.

With the above observation, this application is disposed of.

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