Srikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15473 of 2020 Arising Out of PS. Case No.-222 Year-2018 Thana- CHENARI District- Rohtas ====================================================== SRIKANT KUMAR, aged about 29 years, S/o Madan Bind @ Madan Halwai, R/o village and P.O.- Mohan Darwan, P.S.- Sonhan, District- Kaimur (Bhabhua).

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Kanhaiya Pandey, Advocate.

For the Opposite Party :

Mr.Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 406 and 420 of the IPC. The prosecution story, in brief, is that on 29.09.2018 the informant went to Chenari P.N.B., A.T.M. to withdraw the money then one person standing there exchanged own ATM from the ATM of the informant and after sometime he withdrew Rs. 15,000/- (Fifteen Thousand) from the account of the informant and different ATM Card given to the informant and the person who exchanged the card is Srikant Kumar (petitioner).

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 14.10.2019. The petitioner has been made accused in the present

Patna High Court CR. MISC. No.15473 of 2020(2) dt.03-03-2020 2/2 case due to mistake of fact. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The allegation of exchanging ATM Card is denied by the petitioner. It is further submitted that the petitioner is ready to deposit an amount of Rs. 15,000/- (Rupees Fifteen Thousand) only in the learned court below which shall be subject to final disposal of the case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioner is directed to deposit an amount of Rs. 15,000/- (Rupees Fifteen Thousand) only in the learned court below which shall be subject to final disposal of the case. On doing so, let the petitioner above named, 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 the learned C.J.M., Sasaram, Rohtas, in connection with Chenari P.S. Case No. 222 of 2018.

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