Karan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9215 of 2019 Arising Out of PS. Case No.-215 Year-2018 Thana- SINDHWARA District- Darbhanga ====================================================== KARAN KUMAR Vishwanath Singh Resident of Village-Maghariya, P.S.- Keshariya ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Singhwara P.S. Case No. 215 of 2018 registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code and Section 66 (D) of I.T. Act. Informant has alleged that on 27.10.2018 at about 11.00 AM at Lalpur Chowk while she was trying to withdraw money from ATM of S.B.I., one unknown person came to her and offered to help her in using the A.T.M. and in that way he fraudulently changed her A.T.M card and withdrew Rs. 8000/- from her account.
It has been submitted on behalf of the petitioner that petitioner is not named in the FIR and he has been falsely
Patna High Court CR. MISC. No.9215 of 2019(2) dt.03-04-2019 2/3 implicated in this case only on suspicion. Nothing has been recovered from the possession of petitioner. No TIP was done. Petitioner has no criminal antecedent and he is in custody since 31.10.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., fifth, Darbhanga, in connection with Singhwara P.S. Case No. 215 of 2018subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioners tamper with the
Patna High Court CR. MISC. No.9215 of 2019(2) dt.03-04-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/- U T