Bhikhari Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22811 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -PARSAUNI District- SITAMARHI ====================================================== Bhikhari Sahni son of Janu Sahni, Resident of village- Dhankaul, P.S. Piprahi, District- Sheohar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party: Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Parsauni P.S. Case No.07 of 2015 for the offence punishable under Section 420 of the Indian Penal Code and Section 66 C of the Income Tax Act. The prosecution story, in brief, is that on 22.01.2015, the informant withdrew Rs.10,000/- from ATM of Bank of India Branch, Parsauni through one unknown person who, after withdrawal of the money, returned his ATM Card. When he tried to update his pas-book, he found that there was no money in his pass-book and on inquiry through the Bank, he knew that his ATM is not in order. He also knew that on several occasions, money from his bank account was withdrawn and transferred the said money to Pragash Mahto and Bihkhari Sahni.

Patna High Court Cr.Misc. No.22811 of 2015 (2) dt.11-06-2015 2/2 It has been submitted on behalf of the petitioner that the petitioner has been made accused in the present case due to mistake of fact. It has further been submitted that the petitioner is ready to deposit a sum of Rs.15,000/- in the court below which may be released in favour of the informant.

On behalf of the State, it has been submitted that the petitioner is named in the first information report. Considering the aforesaid facts and circumstances of the case, petitioner is directed to deposit a sum of Rs.15,000/- in the court below and the said amount shall be released in favour of the informant and on deposit of the said amount, he (Bhikhari Sahni) shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Parsauni P.S. Case no. 07 of 2015. (Sudhir Singh, J) B.T/- U R