Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27017 of 2019 Arising Out of PS. Case No.-737 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Deepak Kumar Son of Suresh Sahni Resident of Village - Bara Bharti, P.S.- Minapur, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 737 of 2018 registered for the offence punishable under Sections 414 and 401 of the Indian Penal Code.

On the tip-off about cheating the gullible ATM card holder by the four accused persons at the ATM kiosk, the informant arrived there and apprehended one of them, namely, Chandan Kumar while three managed to escape. Apprehended accused disclosed the name of the petitioner as one of his fleeing accomplices in the occurrence.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence.

Patna High Court CR. MISC. No.27017 of 2019(2) dt.30-04-2019 2/2 He has been falsely implicated in this case. No incriminating article has been recovered from conscious physical possession of the petitioner. There is nothing on record indicating the complicity of the petitioner in the occurrence barring the disclosure made by apprehended accused Chandan Kumar due to animosity. There is no complaint against the petitioner about cheating the ATM card holder at the ATM kiosk. Petitioner has no criminal antecedent.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Turkauliya P.S. Case No. 737 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T