Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34165 of 2023 Arising Out of PS. Case No.-37 Year-2020 Thana- NARDIGANJ District- Nawada ====================================================== PANKAJ KUMAR S/O ANUJ SINGH R/O Village- Sahbajpur, P.SKhizarsarai, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijaya Laxmi Srivastwa For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379/420 of the Indian Penal Code and Section 66 of the I.T. Act.

3. The allegation against the petitioner is of withdrawing money from the informant's account through ATM card after changing its pin number.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. Petitioner is a member of PACS and before election of PACS political rivalry was arises between some other villagers and due to that basis

Patna High Court CR. MISC. No.34165 of 2023(3) dt.26-07-2023 2/2 the petitioner dragged in this false case. There is no consistent evidence and no eye-witness of the alleged occurrence. Nothing incriminating/withdrawal articles have been recovered from the conscious possession of the petitioner. Petitioner has suo motu surrender on 21.03.2023.

5. The application for bail is opposed by learned APP for the State and submitted that the photograph of the petitioner get matched with the picture of the person appearing in CCTV footage of SBI, Hisua.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Nardiganj P.S. Case No. 37 of 2020.

(Sunil Kumar Panwar, J) arish/- U T