Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19063 of 2016 Arising Out of PS.Case No. -232 Year- 2014 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Rahul Kumar S/o Ravindra Sharma Resident of village - Lari, P.S. Kurtha, Distt. - Arwal .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajendra Singh For the Opposite Party/s : Mr. Shantanu Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Makhdumpur (Tehta) P.S.Case No. 232/2014, disclosing offences under sections 420, 414 and 406 of the Indian Penal Code.

The case came to be registered on the basis of self statement of the Sub-Inspector of Police. Allegedly upon an information received regarding tampering of ATM machine of State Bank of India of Barudha Centre, the informant reached there. He saw one person inside the ATM booth, whereas the other standing outside. One, who was outside the booth, is said to have fled away in a motorcycle, whereas the person, who was inside the booth, was arrested by the police. He disclosed his name to be Prashant Kumar from whose possession, 10 ATM cards of

Patna High Court Cr.Misc. No.19063 of 2016 (2) dt.11-05-2016 different Banks and a cash of Rs.2,000/- were recovered. He disclosed the name of the petitioner as the person, who had fled away.

Learned counsel for the petitioner has submitted that the petitioner has no criminal antecedent. There is no material against the petitioner to suggest that he was involved in tampering with ATM machine or withdrawing any amount from the ATM. Considering the submissions so advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released 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 Chief Judicial Magistrate, Jehanabad in Makhdumpur (Tehta) P.S.Case No. 232/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U

Patna High Court Cr.Misc. No.19063 of 2016 (2) dt.11-05-2016