Mirtunjay Kumar @ Tipu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3324 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Mirtunjay Kumar @ Tipu Mahto Son of Bhagwati Prasad, Resident of village- Chakvay, P.S.- Warsaliganj, Dist. Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 472, 406/34 of the Indian Penal Code.

The prosecution case is that one Dharmendra Kumar was apprehended from whom several A.T.M. Cards, mobile number of several persons and S.I.M. along with Rs.9,000/- have been recovered, who disclosed the name of several persons, who used to commit offence through the A.T.M. of different persons including the name of the petitioner.

It is submitted by the learned counsel for the petitioner that admittedly no recovery has been made from the

Patna High Court Cr.Misc. No.3324 of 2016 (2) dt.21-01-2016 petitioner. Only on confession, the petitioner has been made accused. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, 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 Magistrate, Nawada in connection with Warsaliganj P.S. Case No. 128 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit to the effect that he will cooperate during investigation. The said affidavit will be transmitted to the concerned I.O. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioner.

(Dinesh Kumar Singh, J) P.K./- U T