Ajay Paswan @ Ajay Kumar Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.38075 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38075 of 2017 Arising Out of PS.Case No. -209 Year- 2016 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Ajay Paswan @ Ajay Kumar Paswan S/o Deo Narain Paswan R/o villageBharpura Chochahi, P.S. Bibhutipur, District-Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2017 Heard the learned counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with Warisnagar (Mathurapur O.P.) P.S. Case no. 209 of 2016 registered under Sections 420, 406, 469, 470, 472 of the Indian Penal Code. As per prosecution case, the petitioner was only employee of the Sub-post office, Begampur. The informant opened her account in the said Sub-post office and deposited 1,86,000/- in her said account till 2013, but the same was illegally withdrawn by the petitioner and thereafter absconded closing the Sub-post office.

It is submitted by the learned counsel for the petitioner that the husband of the informant was also an employee of the said Sub-post office who was retired from the service in the month of

Patna High Court Cr.Misc. No.38075 of 2017 (2) dt.10-08-2017 February, 2012 so no question of depositing of money by the informant through the petitioner arises. There is no evidence of depositing the aforesaid money in the said account by the informant. By filing Annexure-2, the learned counsel for the petitioner further submitted that the statement of account of the informant taken on 07.09.2016 indicates that till 13.10.2010, only 100 Rs. found standing in the said account. It goes to rule out depositing of money by the informant till 2013. The petitioner is languishing in custody since 10.07.2017 Considering the facts and circumstances of the case, let above named petitioner, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, District-Samastipur in connection with Warisnagar (Mathurapur O.P.) P.S. Case no. 209 of 2016. (Prakash Chandra Jaiswal, J) rohit/- U T