Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10316 of 2019 Arising Out of PS. Case No.-374 Year-2018 Thana- CHIRAIYA District- East Champaran ====================================================== MANOJ KUMAR, S/o Devendra Sahani, Resident of village-Madhuban Kanti, P.S-Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 16.10.2018 in a case registered for the offences punishable under Sections 401, 411, 413, 414, 420 and 34 of the Indian Penal Code.

The prosecution case as per the written report of Awadhesh Kumar, S.I.-cum-S.H.O., Chiraiya P.S. submitted before the learned Additional Chief Judicial Magistrate, Sikrahana at Dhaka, East Champaran is to the effect that on 15.10.2018, during patrolling the informant received a secret

Patna High Court Cr.Misc. No.10316 of 2019(2) dt.21-02-2019 2/3 information that some miscreants have gathered in the Chiraiya S.B.I. A.T.M. and they use to exchange A.T.M.s of different persons and have cheated money from them. As a result, a raid was laid, on seeing the police party, all the accused persons tried to flee away from the scene. On chase being made, three accused persons including the petitioner were apprehended. It is further alleged that from the possession of the petitioner, four A.T.M. cards were recovered.

It is submitted by learned counsel for the petitioner that the petitioner was neither found withdrawing any money nor found cheating any person and only on the basis of suspicion, the accusation has been levelled against the petitioner. It is further submitted that the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is also accused in two other cases but in both the cases, he is on bail. Learned APP for the State submits that the recovery suggests that the petitioner used to cheat people and extract money from them.

Considering the fact that the investigation already being concluded and period under custody, let the above named petitioner be released on bail, on furnishing bail bond of

Patna High Court Cr.Misc. No.10316 of 2019(2) dt.21-02-2019 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sikrahana at Dhaka, east Champaran in connection with Chiraiya P.S. Case No.374 of 2018.

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