Chintu Kumar @ Atish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3005 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Chintu Kumar @ Atish Kumar, Son of Sri Mukesh Poddar Resident of Village- Shakerpura, P.S.Bakhari, District- Begusarai. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. N.K.Agrawal, Sr. Advocate. Mr. Vijay Anand, Advocate.
For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-03-2017 Heard learned counsels for the petitioner and the State.
The petitioner, who is in custody, seeks bail in connection with Bithan P.S.Case No. 115 of 2016 registered under Sections 393, 511, 419, 420, 467 and 468 of the Indian penal Code.
Allegation in brief is that while informant was withdrawing his money from ATM, the petitioner was standing at his back and when the informant was collecting Rs. 10,000/- from ATM, in the meanwhile the petitioner told him that his note of Rs. 10/- has fallen down and while diverting his attention, the petitioner snatched Rs. 10,000/- from him and tried to escape but apprehended by the informant and the guard of the ATM. Submission is that there was some dispute and
Patna High Court Cr.Misc. No.3005 of 2017 (3) dt.01-03-2017 2/2 altercation between the informant and the petitioner with regard to delay caused by the informant in withdrawing money from the ATM and on that, a protest was made by the petitioner, due to which, this false case has been lodged against him and in fact nothing was looted by him. It is further submitted that except one case, under Sections 323 and 324 of the penal code, the petitioner has no any other criminal antecedent and has been in custody since 05.10.2016.
Having considered the aforesaid facts and circumstances, the petitioner, namely Chintu Kumar @ Atish Kumar is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Rosera, Samastipur in connection with Bithan P.S.Case No. 115 of 2016. (Arun Kumar, J) Sujit/- U