Kameshwar Kumar Jaiswal @ Kameshwar ... vs The State Of Bihar on 16 February, 2015

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Patna High Court - Orders

Kameshwar Kumar Jaiswal @ Kameshwar ... vs The State Of Bihar on 16 February, 2015

Bench: Jitendra Mohan Sharma

      Patna High Court Cr.Misc. No.44074 of 2014 (3) dt.16-02-2015




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.44074 of 2014
                        Arising Out of PS.Case No. -223 Year- 2014 Thana -FORBESGANJ District- ARRARIA
                   ======================================================
                   1. Kameshwar Kumar Jaiswal @ Kameshwar Prasad Jaiswal Son of
                   Bhikhari Jaiswal @ Bhikhari Choudhary Resident of Near Bada Shivalaya
                   Forbesganj, P.S. - Forbesganj, District - Araria.

                                                                                   .... ....   Petitioner/s
                                                          Versus
                   1. The State of Bihar

                                                                  .... .... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :  Mr. Sarangdhar Jha
                   For the Opposite Party/s   : Mr. Kr. Virendra Narayan(App)
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
                   SHARMA
                   ORAL ORDER

3   16-02-2015

Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Forbesganj P.S. Case No. 223 of 2014 registered for the offences punishable under Sections 419, 420, 406, 409, 467, 471/34 of the Indian Penal Code.

Allegedly, the informant went in the bank to transfer the amount of rupees two lacs through cheque in the account of a businessman of Araria dealing in hardware and then the petitioner brought him to the Assistant Branch Manager and then he took the cehque and form of RTGS but the amount was not transferred rather it was transferred in the fake account of Patna High Court Cr.Misc. No.44074 of 2014 (3) dt.16-02-2015 Sunita Devi wife of Madan Prasad and the amount was taken away. In spite of several request the amount was not given, then the case has been lodged.

Submission is that the petitioner has got no role in the alleged bungling. He was the temporary worker on daily wages and he has been removed from the work. The petitioner has nothing to do with the work of RTGS and admittedly the same was given to the Bank Manager. The petitioner is suffering in custody since 19.8.2014 and in this case chargesheet has already been submitted and there is no chance of tempering with the prosecution evidence to which the learned APP opposes.

In the facts and circumstances stated above and considering the fact that chargesheet has already been submitted, the petitioner above named is directed to be released on bail on execution of 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, Araria in connection with Forbesganj P.S. Case No. 223 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on Patna High Court Cr.Misc. No.44074 of 2014 (3) dt.16-02-2015 his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/-

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Patna High Court - Orders