Md. Irshad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8667 of 2017 Arising Out of PS.Case No. -670 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Md. Irshad Ansari S/o Md. Samiuddin Ansari, Resident of VillageBhagwanpur, P.O.- Bharhi Lokhi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karuna Kant Jha For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Saharsa Sadar P.S. Case No. 670 of 2015 instituted for the offence under Section(s) 379, 420 of the Indian Penal Code and Section 66(C) of the Information Technology Act.

It has been alleged in the written report that this petitioner exchanged ATM card of the informant with another ATM card on the pretext of demonstrating how to use ATM card. The informant thereafter received information of withdrawal of Rs. 40,000/- on his mobile registered with the bank and after

Patna High Court Cr.Misc. No.8667 of 2017 (3) dt.23-03-2017 2/3 update of his passbook, he found that Rs. 40,000/- has been transferred from his account to the account of the petitioner. It has been submitted on behalf of the petitioner that petitioner is ready to pay Rs. 40,000/- alleged to be transferred from the account of the informant.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on provisional bail for one month on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 670 of 2015, G.R. No. 2329 of 2015, subject to the conditions that both the bailors shall be the close relative of the petitioner.

The petitioner is directed to return Rs. 40,000/- to the informant within a period of one month from the date of his release.

The Court below will issue notice to the informant and after making payment of Rs. 40,000/- by the petitioner to the informant within a period of one month from the date of his release, the provisional bail of the petitioner will be confirmed by learned Court below. In the event, the petitioner does not make payment of the aforesaid money to the informant

Patna High Court Cr.Misc. No.8667 of 2017 (3) dt.23-03-2017 3/3 within the period specified, the Court below shall cancel the bail bonds of the petitioner.

(Sanjay Priya, J) Shageer/- U T