Indal Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4885 of 2019 Arising Out of PS. Case No.-565 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Indal Kumar Son of Sikandra Yadav Resident of Village - Pakharia, P.S.- Ballia ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arun Kumar Roy Son of Late Bathu Ray Branch Manager Cenra Bank Harrakh Branch, Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the State :

Mr.Binod Kumar No. 3 APP For the respondent-Bank : Mr. Ratnesh Nandan Sinha Mr. Purushottam Prasad, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 419, 420, 467, 468, 120(B) of the Indian Penal Code. The prosecution case, in brief, is that the accused persons took ATM debit card including PIN and became involved in illegal transaction.

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

Patna High Court CR. MISC. No.4885 of 2019(3) dt.18-04-2019 2/3 of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 15-09-2018. Charge sheet in this case has already been submitted. The petitioner has been made accused in the present case due to mistake of fact. There is no other substantive evidence to suggest the implication of the petitioner in the present case. Following statement has been made in paragraphs-2 & 3 of the supplementary affidavit:-

2. That as per discussions advanced in this Hon'ble Court during course of argument, the petitioner is ready to deposit a sum of Rs. 50,000/- in the court below, subject to final result of trial.

3. That in such view of the matter, the petitioner may be released on bail. Rs. 50,000/- is being deposited in the court below before furnishing the bail bond.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner is directed to deposit an amount of Rs. 50,000/- which will be subject to final outcome of the case. On doing so, the petitioner, above named, shall 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 learned Chief Judicial

Patna High Court CR. MISC. No.4885 of 2019(3) dt.18-04-2019 3/3 Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 565 of 2018.

(Sudhir Singh, J) A.K.V.//- U T