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Patna High CourtCR. MISC./32648/2017bail granted

Manoj Sahni v. The State Of Bihar

2017-07-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32648 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -BELSAND District- SITAMARHI ====================================================== Manoj Sahni, S/o Shatrudhan Sahni, Village- Madhuban Kanti, P.S.- Meenapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Belsand P.S. Case No. 44 of 2016, registered for the offences punishable under Sections 406 and 420 of the I.P.C. According to the complainant, while he was withdrawing cash from the A.T.M., two persons entered into the cabin and pushed him aside and forcibly took the A.T.M card. On chasing one accused, namely Raja Kumar was apprehended and he disclosed the name of the other accused person i.e. the petitioner of this case. From the said Raja Kumar, an A.T.M. card was recovered.

Learned counsel for the petitioner submits that the said co-accused Raja Kumar has already been granted bail, the

Patna High Court Cr.Misc. No.32648 of 2017 (2) dt.13-07-2017 2/2 petitioner had got nothing to do with the alleged incident and merely on the basis of disclosure of his name by the co-accused, he has been implicated in the present case. It is further submitted that no recovery has been made from the petitioner nor there is allegation against the petitioner of withdrawing any cash from the ATM.

Having regard to the facts and circumstance of the case, I deem it fit and appropriate to grant anticipatory bail to the petitioner.

Accordingly, let the abovementioned petitioner, in the event of his arrest or surrender in the Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Sitamarhi, in connection with Belsand P.S. Case No. 44 of 2016 subject to the conditions enumerated under Section 438 (2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) khushbu/- U T