BIRENDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Arbind Kumar Choudhary, learned counsel for the petitioner in B. A. No. 9903 of 2019 and Mr. R. S. Mazumdar, learned senior counsel for the petitioner in B. A. No. 9839 of 2019 and opposed by Mr. Hardeo Prasad, learned A. P. P. as well as Mr. Suraj Mohan, learned A. P. P.

(2.) Both these applications are being disposed of by this common order. The petitioners are accused in connection with Jasidih P. S. Case No. 427 of 2019.

(3.) The prosecution story in brief is that an act of theft was committed at SBI ATM Centre at Chakai More, Jasidih. It has been alleged that there was cash replenishment from the said ATM on 8. 7. 2019 and the total cash available was Rs. 55,67,000/-. Only one transaction was done by one customer on 9. 7. 2019. Due to some technical problem, the ATM was out of order from 9. 7. 2019 to 30. 7. 2019. The said technical problem was resolved on 30. 7. 2019 and it was found that the cash amount which was available was Rs. 452000/- and thus there was a cash shortage of Rs. 5114500/-. It has further been stated that lock of ATM centre and machine were intact and no interference was observed. It has been alleged that at the material point of time, the Cash Administrative Cell, Deoghar was headed by Sri Sanjay Kumar Keshari, Deputy Manager ( petitioner in B. A. No. 9839 of 2019), Vrinda Prasad, Assistant Manager ( petitioner in B. A. No. 9903 of 2019) and Chandra Shekhar Sudhanshu (Senior Assistant) who were the joint custodian of the password, were responsible for replenishment of cash at the ATM Centre. Based on the aforesaid allegations, Jasidih P. S. Case No. 427 of 2019 was instituted.