Arun Kumar Giri @ Ajay Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50382 of 2016 Arising Out of PS.Case No. -208 Year- 2014 Thana -JAYNAGAR District- MADHUBANI ====================================================== Arun Kumar Giri @ Ajay Kumar Jha son of Late Uma Kant Giri, resident of village- Shankarpur, P.S. Pandaul, District- Madhubani .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 420 and 406 of the Indian Penal Code. The prosecution story, in brief, is that the informant Sushila Devi has gone to withdraw Rs. 4000/- through ATM card in Bank of Baroda, Jai Nagar Branch and at the time of withdrawal of amount, she requested one person to help her, who handed over Rs. 4 thousand to her on 17.11.2014 and he gave another ATM card in place of her ATM card and she further alleged that Rs. 1,28,000/- was balanced in her account but the said person withdrew her amount and when she came in the Branch on 15.12.2014 and gave her ATM card then she came to know that the ATM card was different, which belongs to one Vikash Kumar

Patna High Court Cr.Misc. No.50382 of 2016 (2) dt.22-11-2016 2/2 Mishra and she withdrew her entire amount and she also gave her mobile number and account number.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.12.2014. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has remained in custody for approximately two years. The other coaccused has been granted bail vide Annexure-2 to the present application.

On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Madhubani in connection with Jay Nagar P.S. Case No. 208 of 2014.

(Sudhir Singh, J.) Amit/- U T