Patna High CourtCR. MISC./18995/2016bail granted

Gautam Singh v. The State Of Bihar

2016-05-26Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.18995 of 2016 (3) dt.26-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18995 of 2016 Arising Out of PS.Case No. -143 Year- 2015 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Gautam Singh S/o Balmiki Singh R/o Gaura P.S.- Teghra DistrictBegusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Rina Sinha Mrs. Shruti Sinha For the Opposite Party/s : Mrs. Renu Kumari, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 28.09.2015 in connection with Shashtri Nagar P.S. Case No.143 of 2015 for the offences instituted under Sections 420 and 406 of the Indian Penal Code.

The prosecution case, in brief, is that on 13.03.2015, the Branch Manager, SIS Cash Services Pvt. Ltd. gave a written report to Dy.S.P., Sachiwalaya stating that the work of his company is to load the money in different ATMs. It is alleged that the work of loading money was entrusted to one Pankaj Kumar Singh and Sujeet Kumar. It is further alleged that due to leave of these two custodians on 07.03.2015, the Assistant Manager, namely Vivek Jaiswal and another custodian Ankeet Kumar went for loading

Patna High Court Cr.Misc. No.18995 of 2016 (3) dt.26-05-2016 Rupees in ATMs on 09.03.2015, where they found differences of amount of Rs. 46,96,000/- in the three ATMs and it was suspected that ATM Engineers might have committed the offences. It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 28.09.2015 and the charge sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner is not named in the first information report and he has been made accused on the basis of a confessional statement of the co-accused. The other co-accused have already been granted regular bail by order dated 05.05.2016 of this Court vide Cr. Misc. No.12589/2016, 13417/2016 and 13162/2016.

On behalf of the State, it is submitted that the petitioner is not named in the first information report. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Indrani Kisku, Judicial Magistrate, Ist Class, Patna in connection with Shashtri Nagar P.S. Case No. 143 of 2015.

(Sudhir Singh, J) V.P.Sinha/- U