Shri Shivpati Kumar @ Shiv Pati Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61703 of 2019 Arising Out of PS. Case No.-363 Year-2019 Thana- PIRBAHOR District- Patna ====================================================== Shri Shivpati Kumar @ Shiv Pati Kumar, Son of Shivanandan Singh, Resident of Village - Mahadipur, P.S.- Haspura, Distt - Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Punjab National Bank, through its Branch Manager Branch - Ashok Rajpath P.M.C.H. Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramakant Sharma, Sr.Adv.

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s:

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Pirbahore P.S. Case No.363 of 2019 registered for the offences punishable under Sections 166(A), 409, 420, 467, 468 and 120(B) of the Indian Penal Code. Learned senior counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on suspicion. Learned senior counsel submits that there is no material against the petitioner to show his involvement in the present case.

Learned APP for the State is present and has opposed

Patna High Court CR. MISC. No.61703 of 2019(3) dt.29-11-2019 2/2 the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein it is found from the records that this petitioner was while holding the User-ID as an employee of the bank had been in habit of looking on the amount and the details of the chequebooks which were not required in usual course of duty and then it has been found that from some of those accounts more than Rs.5 lacs has been withdrawn by the cyber criminals and this petitioner has accepted this fact in writing before the authorities of the bank that he used to look into those accounts and had shared information with two persons, considering the position in which the petitioner was working in the bank, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. This application is dismissed.

In case, the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court. (Rajeev Ranjan Prasad, J) arvind/- U T