Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1250 of 2020 Arising Out of PS. Case No.-102 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== VISHAL KUMAR S/O Uma Shankar Sah R/O Village- Bhagwanpur Hatt, PS Bhagwanpur Hatt, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Kant For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 406 and 420 of the Indian Penal Code. The prosecution case, in short, is that the accused person fraudulently withdrawn money from the account of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.1250 of 2020(5) dt.05-11-2020 2/3 petitioner. The petitioner is not named in the F.I.R.. The name of the petitioner has transpired in course of investigation. The petitioner has been running a customer service point. It is a form of mini A.T.M. There is allegation that Rs. 88,000/- and odd amount were fraudulently withdrawn. The allegation made in the F.I.R. is denied by the petitioner. It is further submitted that the petitioner is ready to deposit a sum of Rs. 50,000/- (fifty thousand) in the court below which shall be subject to the final disposal of the case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. The name of the petitioner has transpired in course of investigation.

Considering the aforesaid facts and circumstances, on deposit of a sum of Rs. 50,000/- (fifty thousand) in the Court below which shall be subject to final disposal of the cas e , let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 102 of 2019, subject to the conditions as laid

Patna High Court CR. MISC. No.1250 of 2020(5) dt.05-11-2020 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T