Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12794 of 2018 Arising Out of PS.Case No. -352 Year- 2017 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Subhash Kumar, Son of Kedar Chaudhary, Resident of- Supaul Ward No. 4, Police Station and District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Kumar For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kishanpur P.S. Case No. 352 of 2017 registered under Section 406, 420 and 120-B/34 of the Indian Penal Code.

The petitioner, who happens to be an employee of CMS Info System Limited, is said to have given wrong information to the Bank regarding looting of Rs.42,00,000/- sent to different ATM kiosks for loading to grab the same after concealing the aforesaid money on an ATM kiosk in connivance of other employees of the bank and from where the aforesaid money was recovered.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.12794 of 2018 (03) dt.04-04-2018 - 2 - that no such occurrence as alleged ever took place. The petitioner has been falsely implicated in this case. The aforesaid amount of money has already been recovered from the kiosk of Tata Indicash ATM and the money recovered from the possession of the petitioner is not the money concerned. The petitioner has been languishing in custody since 19.12.2017. Petitioner has no criminal antecedent. Similarly situated co-accused, namely, Mangal Thakur @ Mangal Kumar Thakur and Sampat Sharma have been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 12680 of 2018 and Cr. Misc. No.16812 of 2012 vide order dated 06.03.2018 and 27.03.2018 respectively. In the facts and circumstances of the case, the above named petitioner 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 the learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No.352 of 2017.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T