Patna High Court - Orders
Indrajeet Kumar vs The State Of Bihar on 8 June, 2015
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15317 of 2015
Arising out of PS.Case No. -484 Year- 2014 Thana -BARAUNI District- BEGUSARAI
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Indrajeet Kumar, Son of Parmanand Singh, resident of Village Anandpur
P.S. Nagar, District Begusarai.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party
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Appearance :
For the Petitioner : Mr. Dharmendra Kumar Singh, Advocate.
For the Opposite Party : Mr. Rajendra Pd.Nat(App)
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 08-06-2015The petitioner is languishing in custody since 21.11.2014 in connection with Barauni P.S. Case No. 484 of 2014 for the offences instituted under Sections 409 and 120(B)/34 of the Indian Penal Code.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that the informant is employee of CMS company as Cash loader and posted at Begusarai. On 18.11.14 at about 10 A.M, he along with Rajesh Kumar cash loader reached at S.B.I Main Branch, Begusarai, and submitted detailed report to Branch Manager, State Bank of India, about cash receiving and again proceeded from State Bank of India, by vehicle of CMS company bearing registration No.BR- 2 Patna High Court Cr.Misc. No.15317 of 2015 (2) dt.08-06-2015 2/4 01-Go/1977, Nalej Kumar @ Pandit was driver and Pawan Kumar was guard on that vehicle, another guard Sanjay Singh not reached there and he was absent. When he asked then driver and another guard Pawan replied that today Sanjay Singh on leave. He proceeded with vehicle from S.B.I. Main Branch to ICICI Bank Kachahari Road, Begusarai, to load currency note there in ATM Machine and received Rs.20,00,000/-to load in ATM Machine and proceeded from there to Bishnu Chowk, Begusarai, and where he received from Axis Bank, Rs.2 lakh to load in ATM Machine and proceeded from there at about 12'o clock, they reached at Refinery Gate no.1 to load currency note in ATM Machine of ICICI Bank and loaded there Rs. 6 Lakhs in ATM of ICICI Bank and proceeded from there and reached at SBI Branch, Barauni, situated at Refinery Campus Gate no.1, and received Rs.91,00,000/- from that bank and along with cash, they proceeded from there and reached near Refinery Pipe line Gate at S.B.I ATM and he along with Rajesh Kumar get down there to load Rs.24,00,000/- in the ATM of S.B.I. It has been further alleged that Rs.83,00,000/-cash was in the cash box on that vehicle and guard Pawan also get down from the vehicle along with cash to load in ATM Rs.83,00,000/-cash was in possession of driver Nalej Kumar. VAN was standing near A.T.M. The informant loaded cash in 3 Patna High Court Cr.Misc. No.15317 of 2015 (2) dt.08-06-2015 3/4 ATM machine and when they did not see the VAN there, then guard Pawan Kumar told him that driver is bringing the vehicle after backing the vehicle but vehicle not reached there, then guard Pawan tried to contact with driver Nalej Kumar on his mobile but the driver did not respond, then informant also tried to contact with driver on his mobile phone through his mobile, driver replied on mobile that he is backing the vehicle but vehicle did not came back there, thereafter a suspicion created in the mind of informant, because who did not see the vehicle. Informant move from there by taking lift on a motorcycle of public and proceeded towards Dhatta More and where he came to know that the said veicle proceeded towards north and found that near oil Ndia gate said VAN bearing Registration No.BR09-Go/1977 was standing there but neither driver nor cash box present in the VAN. The informant was told by local public that box was loaded in a white colour Bolero vehicle and proceeded towards Harpur Chowk and informant reported towards occurrence to his in-charge. Thereafter police came there and recorded his fardbeyan on the basis of his fardbeyan this case was registered against Nalej Kumar @ Pandit driver of said vehicle, Guard Snajay Singh and Guard Pawan Kumar.
It has been submitted on behalf of the petitioner that the 4 Patna High Court Cr.Misc. No.15317 of 2015 (2) dt.08-06-2015 4/4 petitioner is not named in the F.I.R. and the petitioner's name appeared in course of investigation on confession of the co- accused Sanjay Singh. Further it has been submitted that there is no recovery from possession of the petitioner. It has further been submitted that the petitioner has no criminal antecedent and the petitioner is in custody since 21.11.2014.
On behalf of the State, it has been submitted that the name of the petitioner has figured in course of investigation and he has actively participated in the present occurrence.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 C.J.M., Begusarai, in connection with Barauni P.S. Case No. 484 of 2014.
U.K./- (Sudhir Singh, J)
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