Rahul Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.19414 of 2017 (4) dt.27-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19414 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -SIWAN CITY District- SIWAN ====================================================== Rahul Kumar Singh, Son of Late Kamlesh Singh, Resident of VillageChandaupur, Police Station- Daudpur, District- Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad, Advocate. For the Opposite Party/s : Mr. Sri Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Siwan Town P.S. Case No. 04 of 2017, registered under Sections 406 and 420 of the Indian Penal Code.

The accusation is that the informant handed over the ATM card to his friend Subhash Chandra Rawani for withdrawal of the money from ATM machine of State Bank of India. Thereafter, his friend Subhash Chandra Rawani took the help of petitioner, who was deputed as guard in the ATM machine, and in that course petitioner changed the ATM card. Later on, informant received a massage on his mobile to the effect that cash of Rs.24,000/- has been withdrawn from his account.

Patna High Court Cr.Misc. No.19414 of 2017 (4) dt.27-07-2017 Learned counsel for the petitioner submits that petitioner, who was deputed as guard in the ATM machine, has falsely been implicated in this case mere on suspicion. Moreover, it has come in paragraph 21 of the case diary that Rs.24,000/- was withdrawn to the account of the petitioner through GCC not by using the ATM card. Further submission is that petitioner has no criminal antecedent.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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, Siwan, in connection with Siwan Town P.S. Case No. 04 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T