Patna High CourtCR. MISC./36942/2014dismissed

Md. Shahjahan v. The State Of Bihar

2015-04-20Mr. Justice Gopal Prasad2 pages

Patna High Court Cr.Misc. No.36942 of 2014 (3) dt.20-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36942 of 2014 Arising Out of PS.Case No. -375 Year- 2010 Thana -NTPC District- BHAGALPUR ======================================================

1. Md. Shahjahan Son of Late Farula Ajam Resident of Mohalla - Barahdari, Near Dairy Masjid, P.S. - Biharsharif, District- Nalanda. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Ramesh Singh, Advocate. For the State : Mr. Tarun Pd.Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Khalgaon (N.T.P.C.) P.S. Case No. 375 of 2010, registered under Sections 420, 406 and 34 of the Indian Penal Code. It is alleged that A.T.M. of the informant was taken by a boy aged about 20-22 years and exchanged her A.T.C. card. Immediately thereafter, the informant realised, then she contacted Branch Manager, S.B.I. N.T.P.C. and disclosed that by the said A.T.M. card money to the tune of Rs. 20,000/- each has been withdrawn in two installments i.e. i.e. Rs. 40,000/-. It is further alleged that Rs. 26,000/- has been transferred through her A.T.M. Card in the account of the petitioner, Md. Shahjahan. Learned counsel for the petitioner submits that A.T.M. of the petitioner has also exchanged and he intimated the matter regarding exchange of his A.T.M. Card on 25.11.2010. However, the present occurrence took place on 06.10.2010. Having regard to the fact Rs. 26,000/- has been

Patna High Court Cr.Misc. No.36942 of 2014 (3) dt.20-04-2015 transferred in the account of this petitioner itself prima facie appears the involvement of this petitioner.

Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. However, if the petitioner may surrender and prays for regular bail then it shall be considered by the trial court without being prejudice by the order.

m.p.

(Gopal Prasad, J) U T