Ajit Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70287 of 2018 Arising Out of PS. Case No.-217 Year-2018 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Ajit Kumar Sah, Son of Mahesh Sah, Resident of Village- Phuhari, P.S.- Rahika, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rishikesh Ojha, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 20-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Madhubani Town P.S. Case No. 217 of 2018 instituted for the offence under Section(s)420, 406 Indian Penal Code and Section 66(O) of I.T. Act. Counsel for the petitioner has submitted that petitioner has been arrested merely on suspicion raised by the informant before police.

The informant alleged that while he had gone to withdraw money through ATM Card, one unknown person took away his ATM Card and withdrew money after getting knowledge of the ATM PIN. It is further alleged that the informant received messages of withdrawal of amount from his

Patna High Court Cr.Misc. No.70287 of 2018(3) dt.20-12-2018 2/2 account from ATM and at Binod Agency totalling Rs.61,500/-. The informant went to Binod Agency and identified one unknown person in CCTV footage. Thereafter, the informant on 14.06.2018 found the same person near Binod Agency. He got him arrested. The seizure list has been prepared by police, which is part of First Information Report from which it appears that one ATM Card has been recovered from the possession of the petitioner.

The counsel for petitioner submits that aforesaid ATM Card does not belong to informant.

Petitioner is in custody since 15.06.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town P.S. Case No. 217 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- Rohit Kr.

U T