Patna High CourtCR. MISC./26002/2019dismissed

Satyendra Kumar Sah v. The State Of Bihar

2019-04-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26002 of 2019 Arising Out of PS. Case No.-90 Year-2016 Thana- DUMARIAGHAT District- East Champaran ====================================================== SATYENDRA KUMAR SAH, Son of Dukhan Sah, Resident of VillagePatkhauliya, P.S.- Chakiya, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Dumariyaghat P.S. Case No. 90 of 2016 for the offence under Sections 379 and 420 of the Indian Penal Code. The allegation is that the petitioner fraudulently exchanged informant's ATM Card with a fake ATM Card and withdrew huge cash before the informant could instruct the Bank to block the said ATM Card.

Considering the serious nature of accusation and the fact that the petitioner's custodial interrogation may be required, I am not inclined to grant him privilege of anticipatory bail. There is another aspect, which goes against the petitioner. The petitioner is named in the First Information Report, which was

Patna High Court CR. MISC. No.26002 of 2019(2) dt.22-04-2019 2/2 registered in 2016. I do not find any justification for delay of nearly three years on his part in approaching this Court for his release on bail.

This application is, accordingly, dismissed.

The petitioner is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) ragini/- U T