Abhishek Kumar @ Vipul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76075 of 2018 Arising Out of PS. Case No.-249 Year-2018 Thana- SALIMPUR District- Patna ====================================================== Abhishek Kumar @ Vipul, S/o Late Dhurva Narayan Singh, resident of Pakri, P.S. Basantpur, P.S. Riga, Dist. Sitamarhi at present residing at House of Bhola Sah, Gayaspur, Benipur, P.S. Salimpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Salimpur P.S. Case No. 249 of 2018 registered for the offence punishable under Sections 406, 420, 409 and 34 of the Indian Penal Code. Allegation against petitioner is of misappropriation, defalcation and illegally withdrawing money from the bank account of account holders of the bank in which petitioner works as an employee.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The money was being transferred in three accounts of Nitish Kumar, Din Bandhu Kumar and Triloki Kumar and he has no concern with the said account. Petitioner has got no criminal antecedent

Patna High Court Cr.Misc. No.76075 of 2018(2) dt.18-12-2018 2/2 and is in custody since 15.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Barh, District- Patna, in connection with Salimpur P.S. Case No. 249 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/manojU T