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Patna High CourtCR. MISC./1322/2022bail granted

Sujit Kumar v. The State Of Bihar

2023-01-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1322 of 2022 Arising Out of PS. Case No.-703 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Sujit Kumar, Son of Vinod Kumar Singh @ Vinod Kumar, Resident of Village- Begampur, P.S.- Nalanda in the District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Ajay Kumar Thakur, Sunil Kumar, Advocates For the Opposite Party/s :

Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 379 and 461 of the Indian Penal Code to which section 411 of the Indian Penal Code was added subsequently.

As per the prosecution case, it is stated by the informant that he had kept the cash collections of 4 days amounting to about Rs. 16 lacs in the company locker. Later he received a telephone call that the lock of the locker is open. On reaching the office he found the office lock open and that the internet connections are also open. He found the amount missing. The earlier incharge of the locker was the petitioner. As such the FIR.

Patna High Court CR. MISC. No.1322 of 2022(5) dt.18-01-2023 2/2 It is submitted by learned counsel appearing for the petitioner that the petitioner has been falsely implicated in the case. Contrary to the allegation no incriminating article has been recovered from the petitioner's possession. The case is triable by a Magistrate. The petitioner is in custody since 17.10.2021 and has no criminal antecedent. Charge has been framed in the learned trial court. The petitioner undertakes to cooperate in the trial.

Heard learned A.P.P for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, investigation in the case having concluded, the petitioner being in custody for more than a years since 17.10.2021 and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Lakhisarai (Kabaiya) P.S. Case no. 703 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate II, Lakhisarai. (Partha Sarthy, J) Spd/- U T