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Patna High CourtCR. MISC./28567/2015bail granted

Vikas Kumar Yadav v. The State Of Bihar

2015-08-11Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28567 of 2015 Arising Out of P. S. Case No. -130 Year- 2015 Thana -ARA NAGAR District- BHOJPUR ====================================================== Vikas Kumar Yadav son of Satyendra Rai resident of Village - Jamira, P.S. - Ara (Muffasil), District - Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan, Adv. For the Opposite Party/s : Mr. J.N.Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 11-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 420 of IPC.

Allegation is that at the instance of the petitioner, the informant gave her ATM card and disclosed pin code to him and Rs.10,000/- was withdrawn and the petitioner claimed the money to be his own. On raising alarm, the petitioner was apprehended by the some persons on the spot.

It is submitted that the petitioner has been falsely implicated in this case. He has not cheated the informant. He has been in custody since 6.4.2015 having no criminal antecedent. However, after investigation charge-sheet has already been submitted and there is no chance of tampering with the witnesses.

Patna High Court Cr.Misc. No.28567 of 2015 (2) dt.11-08-2015 2/2 Learned counsel for the State submits that the petitioner has been apprehended on the spot while committing the offence.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara/court concerned after framing of charge in Ara (Town) P. S. Case No. 130 of 2015 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T