IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19131 of 2009 SANJEEVA NAND ROY SON OF ACHYUTANAND ROY RESIDENT OF VILLAGE SARANGPUR,P.S.TAJPUR,DISTT.SAMASTIPUR Versus STATE OF BIHAR ----------- 3/ 20.8.2009 Heard learned counsel for the parties. The petitioner seeks bail in a case which has been registered for offence under Section 395 of the Indian Penal Code against 7-8 unknown dacoits with regard to an occurrence of early morning of 2nd January,2009 which had occurred in between 3.05 A.M. and 3.10 A.M. in which some persons have looted away the amount from the ATM of ICICI Bank, Begusarai. In course of investigation, it has come that the petitioner and two other offenders were in the know of the Code as they were the technicians to look after the mechanism of the ATM and they have their hands in the dacoity in question. Learned counsel for the petitioner submits that C.M.S. Securities Ltd. is an outsourcing Agency of ICICI, ATM Bank in which the petitioner is an employee and is working as a Senior Service Associates. In paragraph 22 of the case diary, it has come that the Code number of the ATM machine was known to only two persons namely,, Pramod Kumar and Kumar Ranjeet. So in view of that statement, the petitioner has no role in the occurrence. It has also been submitted that on the date of occurrence the petitioner was on leave and was present at his native village in connection with shradh of his grant father. This was verified by the police which has recorded the statements of a number of witnesses who have stated that the petitioner was at 2 his native village from 29.12.2008 to 2.1.2009. Learned Addl.P.P., who opposed the prayer for bail, has submitted that the name of the petitioner has come in the confessional statements of other two co-accused and in the confession of the petitioner itself. The case of the petitioner is different from the case of co-accused Kumar Ranjeet and Pramod Kumar. Considering the facts and circumstances of the case, let the above named petitioner 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 learned Chief Judicial Magistrate/concerned court, Begusarai in Begusarai Town P.S.Case No. 02 of 2009. Tahir/- ( Shyam Kishore Sharma, J.)