Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11969 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Pankaj Kumar Son of Munna Sah Resident of village- Jamin Mathia, PS Minapur (Panapur O.P) District Muzaffapur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Surendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 413, 414, 420, 120B of the Indian Penal Code.

Petitioner along with one co-accused was caught near an A.T.M. Machine and two ATM cards are said to have been recovered from possession of the petitioner. Petitioner and his associates confessed that they had gone to A.T.M. Machine with an intent to cheat the people.

Contention on behalf of the petitioner is that out of two seized ATM cards, one ATM card belongs to the petitioner and so far as second ATM card is concerned, the same does not

Patna High Court Cr.Misc. No.11969 of 2016 (2) dt.17-03-2016 2/2 belong to petitioner and as a matter of fact, the aforesaid ATM card had not been recovered from conscious possession of the petitioner. It is further submitted that moreover, the prosecution case does not constitute any offence.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner is in jail custody since 11.01.2016, let the petitioner 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, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 07 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T