Patna High CourtCR. MISC./51499/2017bail granted

Akash Kumar v. The State Of Bihar

2017-11-24Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51499 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -DARBHANGA District- DARBHANGA ====================================================== Akash Kumar, S/o Kamal Sah, R/o Village-Kanti Ward No.9, P.S. Kanti, District-Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Virendra Kumar, Advocate.

For the Opposite Party : Mr. Ramchandra Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Darbhanga Town P.S. Case No. 67 of 2017 dated 19.04.2017 instituted for the offences under Sections 420 and 379 of the Indian Penal Code.

The petitioner is not named in the FIR. He was arrested in connection with similar nature of offence in other cases. The implication of the petitioner, it has been argued, is on the confessional statement made by him and co-accused Gautam Kumar. The petitioner is said to have withdrawn money from the ATM of the informant, after he had promised the informant of helping her in taking out money from the ATM. The allegation, in sum and substance is that the ATM was changed.

Patna High Court Cr.Misc. No.51499 of 2017 (3) dt.24-11-2017 Learned counsel for the petitioner submits that the allegation, on the face of it, does not inspire confidence, inasmuch as, if the ATM card had been changed some other ATM card must have been handed over to the informant. Otherwise, the informant would not have reported the matter after so many days. Taking into account the age of the petitioner as well as period of custody, which is from 31.08.2017, this Court directs the petitioner above named to be released on bail on his 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 Darbhanga Town P.S. Case No. 67 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T