Aman Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49535 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -MEERGANJ District- PURNIA ======================================================

1. Aman Kumar Yadav, son of Vimal Kumar @ Bimal Kumar Yadav r/o Village Rupauli, PS Rupouli, District Purnea

2. Bikram Kumar Yadav, son of Jogendra Yadav r/o Village Bela Champawati, PS Sarsi, District Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-08-2018 Heard learned Counsel for the petitioners and the State. Petitioners, already in custody since 20.5.2018, seek bail in Mirganj PS Case No. 49 of 2018 registered under Sections 379, 411 and 420 of the IPC.

Accusation is that the informant's ATM card was fraudulently exchanged and seventeen thousand rupees was withdrawn from his account, after getting the information regarding withdrawal of money on mobile the informant rushed again back to the ATM and found the petitioner No. 1 along with his accomplice there who was apprehended and the ATM of the informant along with seventeen thousand rupees was recovered and his associates escaped away.

Learned Counsel for the petitioners submits that due to some altercation the petitioners have been implicated in this case, had they withdrawn the money they would not have been waiting there for being apprehended and nothing has been recovered from the possession of petitioner No. 2.

Having considered recovery of informant's ATM card along with seventeen thousand withdrawn money, by using his ATM, from

Patna High Court Cr.Misc. No.49535 of 2018 (2) dt.10-08-2018 the possession of petitioner No. 1 Aman Kumar Yadav, his prayer for bail is rejected.

As far as petitioner No. 2 Bikram Kumar Yadav is concerned, as there is no recovery from his possession so he is directed to 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 ACJM I, Purnea in connection with Mirganj PS Case No. 49 of 2018.

(Arun Kumar, J) Snkumar/- U T