Abhay Singh @ Abhay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29762 of 2018 Arising Out of PS.Case No. -63 Year- 2018 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Abhay Singh @ Abhay Kumar Singh, Son of Shatrudhan Singh, Resident of Village- Gyaspur Rasulpur, P.S.- Amnour, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-05-2018 Heard the parties.

The petitioner seeks regular bail in connection with Paharpur P.S. Case No.63 of 2018 corresponding to G.R. No.1242 of 2018, for the offences punishable under Section(s) 419, 420 of the Indian Penal Code and 66 of the I.T. Act. The allegation is regarding the police having apprehended a person sitting at the place of occurrence and having recovered a sum of Rs.600 an odd. It is further alleged that the said co-accused person had disclosed about two other co-accused persons, including the petitioner, having gone inside the ATM office of the SBI and then the police had also apprehended them and as far as the petitioner is concerned one ATM card and cash amounting to

Patna High Court Cr.Misc. No.29762 of 2018 (3) dt.30-05-2018 2/2 Rs.700 was recovered.

The learned counsel for the petitioner submits that there is no allegation of the petitioner having misappropriated any money of any customer of the State Bank of India. It is also submitted that the prosecution has not alleged that the said ATM card does not belong to the petitioner. It is further submitted that the petitioner has a clean antecedent and is languishing in custody since 10.03.2018.

Per contra, the learned A.P.P., Mr. Ashok Kumar has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Paharpur P.S. Case No.63 of 2018 corresponding to G.R. No.1242 of 2018 (Mohit Kumar Shah, J) Sanjeev/- U T