Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1171 of 2018 ====================================================== Akash Kumar S/o Kamal Sah, Resident of Village-Kanti Ward no. 9, P.S.- Kanti, District-Muzaffarpur. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Laheriasarai P.S. Case No. 138 of 2017 registered under Sections 420, 467, 468 and 47 of the Indian Penal Code.

As per the prosecution case, the petitioner and one another accused were standing behind the informant in ATM kiosk and in course of withdrawing money changed her ATM Card and transferred Rs.52,959.66 paisa from her account in the account of Chandra Mohan Jha and Minnat Khatoon.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no concern with the aforesaid occurrence. The petitioner is neither named in the F.I.R.

Patna High Court Cr.Misc. No.1171 of 2018 (02) dt.10-01-2018 - 2 - nor he was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. He has been remanded in this case merely on suspicion from Darbhanga Town P.S. Case No.114 of 2017. He is not the beneficiary of the aforesaid amount as the said amount was deposited in the account of Chandra Mohan Jha and Minnat Khatoon and he has no concern with the aforesaid account holders. Simply ATM card cannot be used for transferring/withdrawing the amount from an account without knowing the secret PIN code number and petitioner is not aware of the PIN code number of the informant. The petitioner has been languishing in custody since 01.12.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No.138 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T