Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22934 of 2019 Arising Out of P.S. Case No.-6 Year-2017 Thana- JAHANABAD District- Jehanabad ====================================================== SUNNY KUMAR, aged about 27 years, Gender-Male, Son of Sunil Singh @ Sunil Kumar Singh Resident of Village- Utarama, P.S.- Khijarsarai, DistrictGaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sunil Srivastava, Advocate For the Opposite Party :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner, learned counsel for the Informant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 420 and 379/34 of the Indian Penal Code.

The prosecution case is that on 03.01.2017 at about 5.30 P.M. that she went to the ATM of SBI to withdraw the money whereupon three boys changed her ATM and checked balance also then she felt doubt and she raised hulla then all the three persons fled away leaving the vehicle and thereafter the vehicle was seized by the police.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. In fact, his name has come during course of investigation on the confessional statement of co-accused Chakarpani. It is further submitted that similarly

Patna High Court CR. MISC. No.22934 of 2019(5) dt.24-07-2019 2/2 situated co-accused Rajesh Kumar has already been released on anticipatory bail by a coordinate Bench of this Court passed in Cr.Misc.No.61039 of 2018 vide order dated 14.12.2018. It is further submitted that there is no allegation of withdrawal of money on the basis of ATM card of informant against the petitioner. Petitioner has got no criminal antecedent. Considering the facts aforesaid, let the above named petitioner be released on bail in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 Chief Judicial Magistrate, Jehanabad/successor Court in connection with Jehanabad P.S.Case No.06 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T