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Patna High CourtCR. MISC./23438/2020allowed

Samir Kumar @ Golu v. The State Of Bihar

2020-09-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22513 of 2020 Arising Out of PS. Case No.11 Year-2020 Thana-Bakhtiyarpur District-Patna ====================================================== Samir Kumar @ Golu (Male), aged about 22 years Son of Pravesh Kumar Resident of Village- Narauli, P.S.- Sirdalla and District Nawada ... ... Petitioner

Versus

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

For the Petitioner : Mr. Manish Kumar, Mr. Gajendra Kr. Singh, Advocates For the Opposite Party : Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 17-09-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Bakhtiyarpur P.S. Case No. 11 of 2020 for the offences under Sections 379, 420, 467, 468 and 414 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.

The allegation against the petitioner is that he was involved in cloning the ATM card and through ATM card fraudulent withdrawal of the amount from the account of innocent persons was made. Petitioner is in custody since 15.01.2020 Learned counsel appearing on behalf of the petitioner submits that due to difference with local residents, petitioner has been falsely implicated in this case.

Considering the fact that the petitioner has no

criminal antecedent and he has remained in custody for more than eight months, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs. 25,000/- in cash. On depositing the amount of Rs.25,000/-, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 11 of 2020.

Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T