Shibu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61921 of 2018 Arising Out of PS. Case No.-200 Year-2017 Thana- VAISHALI District- Vaishali ====================================================== Shibu Paswan son of Ajab Paswan, resident of Village- Bakarpur, Shekhpura, P.S. Rajapakar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar For the Opposite Party/s :
Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420 and 406 of the IPC. The prosecution case as per the written report of Roksana Khatoon dated 31.8.2018 submitted to the SHO, Vaishali Police Station is to the effect that on 15.7.2017 at 10 AM the informant withdrew Rupees Four Thousand from the ATM situated at Daudnagar Market, P.S. Vaishali and at that point of time, a man exchanged the ATM Card of the informant fraudulently with his own ATM card and after some time, the informant came to know through a message on his mobile phone that Rs. 21020/- has been withdrawn from his bank account.
It is submitted by learned counsel for the petitioner that the petitioner lost his ATM Card which was found by the informant and in order to blackmail the petitioner, the informant has lodged the present
Patna High Court Cr.Misc. No.61921 of 2018(2) dt.06-10-2018 2/2 case. It is further submitted that for the occurrence of 15.7.2017 the FIR has been registered on 2.8.2017. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Considering the suspicious nature of accusation and the petitioner having no criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Vaishali P.S. Case No.200 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U