Patna High Court - Orders
Shiv Pujan Kumar vs The State Of Bihar on 29 April, 2023
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63717 of 2022
Arising Out of PS. Case No.-99 Year-2020 Thana- GADHPURA District- Begusarai
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SHIV PUJAN KUMAR Son of Ramchandra Mahto Resident of Village-
Atarua (Samastipur), P.S.- Bhagwanpur (O.P. Tiyay), District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Arjun Prasad, Advocate
For the Opposite Party/s : Mr. Kanhaiya Kishore, APP
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 29-04-20231. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Garhpura P.S. Case no. 99 of 2020 registered under sections 420, 498A, 498C and 120B of the Indian Penal Code.
3. As per the prosecution case, the informant states that on receiving information of forged notes having been received by some persons from an ATM machine, the informant reached the place of occurrence. Thereafter, on inquiry it transpires that the ATM machine of the Bank was looked after by one Sanjay Kumar Kaushik who took the name of one Assistant Manager of operation Sri Pranav Kumar and the said Manager stated that the ATM machine had been filled with Patna High Court CR. MISC. No.63717 of 2022(2) dt.29-04-2023 2/3 notes by the petitioner herein and two others.
4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No forged notes was recovered from the possession of the petitioner. The only material against the petitioner is the statement of a Bank official that three persons including the petitioner had put notes in the said ATM machine. The petitioner does not have any criminal antecedent. He has remained in custody since 24.8.2022 and charge sheet has been submitted in the case.
5. Heard learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the fact that no forged notes was recovered from the possession of the petitioner, the only material against the petitioner is the statement of a Bank official that three persons including the petitioner had put notes in the said ATM machine, the petitioner not having any criminal antecedent, his having remained in custody for eight months since 24.8.2022 and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Garhpura P.S. Case no. 99 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with Patna High Court CR. MISC. No.63717 of 2022(2) dt.29-04-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai.
(Partha Sarthy, J) Prakash/-
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