Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24193 of 2015 Arising Out of PS.Case No. -258 Year- 2015 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Raushan Kumar son of Satyendra Singh Resident of village- Beghaul, P.S.- Wazirgnaj, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa, Advocate For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 06.04.2015 in a case registered for the offences punishable under sections 420,379,411 of the Indian Penal Code and section 66(c) of the Information Technology Act.

The prosecution case is that on pretext of assisting the informant to withdraw money through ATM, the petitioner exchanged the ATM card of the informant and withdrew Rs.25,000/-. Subsequently, the petitioner was apprehended while withdrawing the money through ATM card of the informant and from his possession large numbers of ATM cards were recovered leading to registration of another case being Sitamarhi P.S. Case

Patna High Court Cr.Misc. No.24193 of 2015 (2) dt.14-07-2015 2/2 No.134 of 2015.

It is submitted by learned counsel for the petitioner that for the occurrence of 15.02.2015, the FIR was registered on 18.03.2015 and in the other case i.e. Sitamarhi P.S. Case No.134 of 2015, the petitioner has been granted bail. Moreover, the investigation has already concluded. The petitioner is not accused in any other case except the two cases as mentioned above.

Considering the fact that investigation has already concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No.258 of 2015.

Since the petitioner has criminal antecedent, learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions or gets involved in some serious nature of offence.

(Dinesh Kumar Singh, J) Ashwini/- U T