Patna High CourtCR. MISC./5437/2017bail granted

Santosh Kumar Singh v. The State Of Bihar

2017-03-09Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.5437 of 2017 (3) dt.09-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5437 of 2017 Arising Out of PS.Case No. -448 Year- 2016 Thana -GANDHIMAIDAN District- PATNA ====================================================== Santosh Kumar Singh Son of Sri Bhola Prasad Singh, Resident of MohallaBlock Colony, Nawada, P.S.+ District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiv Sharan, Adv. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-03-2017 Heard both sides.

The petitioner seeks bail in Gandhi Maidan P.S. Case No. 448/2016, registered for the offences punishable under Sections 420, 408, 120B, 381 and 34 of the Indian Penal Code. The informant alleged that the petitioner C.R.M. and other accused namely, Pratul Kumar A.C.R.M., Nand Kumar and Atul Kumar Rai Cashiers stealthily took away Rs. 8,00,000/- from the chest of the company.

Learned counsel for the petitioner submits that petitioner is C.R.M. of the company and he was not present on the date of missing of cash from the chest of the company. Pratul Kumar, Nand Kumar and Atul Kumar Rai were present. In presence of Atul Kumar Rai the chest was checked and Rs. 8,00,000/- was

Patna High Court Cr.Misc. No.5437 of 2017 (3) dt.09-03-2017 found missing. Nand Kumar (Cashier) has already been enlarged on bail vide order passed in Cr. Misc. 6076/2017. The case of the petitioner stands on better footing that it was the Cashier who operated the chest, on that day, the petitioner was not present in the company. The petitioner is in jail since 04.12.2016. Considering the facts aforesaid and the fact that petitioner has already remained in jail for more than three months, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-cum-Sub-Judge VI, Patna in connection with Gandhi Maidan P.S. Case No. 448/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T