IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7622 of 2009 PRASHANT KUMAR son of Sri Kedar Prasad, resident of Salempur Ahra, Lane No.1, P.S.- Gandhi Maidan, District- Patna Versus STATE OF BIHAR ----------- 2 01.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. The offence alleged is under sections 406, 407, 420 & 120B of the Indian Penal Code. Allegation is that this petitioner along with other co-accused namely, Rahul Kumar who was the authorized person for loading the cash into the automatic teller machine (A.T.M.) run by the I.C.I.C.I. Bank. The petitioner was the employee of Brink’s Arya Limited, a private agency of the Bank who was entrusted with the job of loading the cash. Further allegation is that the cash amount was loaded on 20th December, 2008, however in the night it was detected by the Bank that the A.T.M. in question was not functioning properly and in the next morning when the staff of the Brink’s Arya Limited went to attend the A.T.M. to remove the defect, it was found that the A.T.M. was opened and found that an amount of rupees twenty-six lakhs and odd were missing. It has been submitted on behalf of the petitioner that as per the system the A.T.M. could be opened by having the password of twelve digits and out of the twelve digit password, six digit each were with two persons so that the A.T.M. could only be opened jointly. It is further submitted that admittedly this petitioner was not given the password and the password was with the co-accused persons namely, Rahul Kumar & Sanjeev Jha. In the circumstances, it is submitted that there is no allegation of theft on the part of this petitioner, who is in custody since 25.12.2008. Learned counsel appearing for the State is not in position to refute the above submissions. In the facts and circumstances of the case, it is directed that let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Shastrinagar P.S. Case No. 465 of 2008. (Shailesh Kumar Sinha,J.) Manish/-