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Patna High CourtCR. MISC./61492/2019disposed

Sanjeet Kumar @ Sanjit Kumar @ Sanoit Kumar v. The State Of Bihar

2019-12-06Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61492 of 2019 Arising Out of PS. Case No.-309 Year-2017 Thana- RAJNAGAR District- Madhubani ====================================================== SANJEET KUMAR @ SANJIT KUMAR @ SANOIT KUMAR (Male), aged about 26 years, Son of Ashok Singh Resident of Village - Khajauli, P.S.- Khajauli, Distt - Madhubani.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Yogesh Chandra Verma, Sr. Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Raj Nagar P.S. Case No. 309 of 2017 registered under Sections 408, 409, 420, 379 of the Indian Penal Code.

In the present case, the allegation against the petitioner and co-accused Rahul Kumar are that they being the persons responsible to run the customer service centre in question had illegally withdrawn some amount from the account of the beneficiaries. The petitioner is in custody since 10th July, 2019. Earlier, case diary was called for in this case. Learned A.P.P. for the State has after going through the materials collected in the case diary informed this court that

Patna High Court CR. MISC. No.61492 of 2019(4) dt.06-12-2019 2/3 in course of investigation it has come that as per allegation the petitioner had withdrawn a sum of Rs. 10,000/- from the account of Naziya Khatoon, Rs. 14,000/- from the account of Vikash Kumar and Rs. 31,900/- from the account of Raju Kumar Das. No other amount according to him is indicated in the case diary.

Learned Senior Counsel for the petitioner submits that without prejudice to the contention of the petitioner, the petitioner is ready to pay the aforesaid amount to the three persons named above for the purpose of grant of regular bail. Considering the facts and circumstances of the case, the nature of allegation and that the petitioner has remained in custody since 16.07.2019, the investigation against him is complete and he himself offered to pay the aforesaid amount to the three persons as indicated above and there is no submission on behalf of the State that the release of the petitioner is likely to create any hindrance in conclusion of trial and/or is likely to affect the witnesses or tamper with the evidence, let the abovenamed petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st, Madhubani, in connection with Raj Nagar P.S.

Patna High Court CR. MISC. No.61492 of 2019(4) dt.06-12-2019 3/3 Case No. 309 of 2017, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

While submitting the bail bond in the court below the petitioner shall furnish the proof of payment to the aforesaid three persons by way of demand draft in their name for the aforesaid amount which will be allowed to be collected by those persons in the court below.

The application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T