IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22232 of 2008 JITENDRA KUMAR Versus STATE OF BIHAR ----------- 3 25.09.2008 The FIR was lodged against unknown under Sections 419 and 414 of the IPC. Heard. The informant who is a shop-keeper has alleged that the petitioner was working as an employee in his shop and that the petitioner was found absent from duty since 26th February 2008 and that on 3rd March 2008, he found that two cheques were missing from the drawer of the shop and that Rs.20,000/- and Rs.35,000/- had been withdrawn from the Bank through those cheques. The informant suspected that the petitioner had withdrawn the amount by using those cheques. The informant suspected that the petitioner had withdrawn the amount by using those cheques and forging signature of informant’s mother in whose name the Bank Account stood. Learned counsel for the petitioner submits that the petitioner has been implicated on suspicion only. Mr. Sanjay Kumar, learned counsel for the informant assisting Mr. S.R.Haque, learned A.P.P. submitted that in Paras 6,7 and 8 of the case diary, three witnesses, who are employees of the shop raised suspicion against the petitioner saying that he might have committed the offence. It has also been submitted in Para-3 of the Case diary that the petitioner has confessed before the Police his guilt. Further submission is that specimen signature of the petitioner has been 2 sent to the Bank for comparison with the signatures on the cheques. Learned counsel for the petitioner submits that witnesses in Paras- 6, 7 and 8 of the case diary are not eye witnesses, but they have simply raised suspicion. It is also submitted that confession before the Police is inadmissible in evidence . Learned counsel further submits that any report of the expert has not been received to show that the petitioner’s specimen signature had tallied with the signature on the cheque. Learned counsel submits that the petitioner is in custody since 26th March 2008. Under the circumstances, petitioner Jitendra Kumar is admitted to bail on his furnishing bail bond of Rs.10,00/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in Kotwali P.S.Case No. 74 of 2008. Jay/ (C.M. Prasad,J)