Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11533 of 2020 Arising Out of PS. Case No.-341 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== SHUBHAM KUMAR S/o Uday Sharma Resident of Village- Naudhariya, P.S.- Buniyadganj, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 379, 420, 467, 468, 472, 474, 120(B)/34 of the Indian Penal Code and Sections 66(c)/66(D) of I.T. Act. 2000. Allegation is that ATM card cloning machine, plain ATM cards, several ATM cards and other articles are recovered from the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.12.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner was apprehended along with other co-accused. From the possession of the petitioner,

Patna High Court CR. MISC. No.11533 of 2020(2) dt.28-02-2020 2/2 two ATM cards are said to have been recovered. Said ATM cards belong to the petitioner. Recovery of other ATM cards from the co-accused, petitioner has got no concern with the same. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 learned Additional Chief Judicial Magistrate IVth, Gaya in connection with Khizersarai P.S. case No.341 of 2019.

(Sudhir Singh, J) Narendra/- U T