Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37989 of 2019 Arising Out of PS. Case No.-271 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== ASHISH KUMAR Son of Om Prakash Srivastava @ Om Prakash Srivastava Resident of Mohalla-Purani Bajaji Gali, Police Station-Siwan Town, DistrictSiwan. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Siwan Town P.S. Case No. 271/2019, instituted for offence under Section(s) 419, 420, 467, 468, 469, 471 and 120(B), 34 of the Indian Penal Code. It is alleged in the written report that informant got information from Allahabad Bank that two boys are withdrawing money from her bank account with forged cheque. On such information, informant informed the police and reached at Allahabad Bank branch and apprehended aforesaid boys with cheque, who disclosed their name as Sajid Ali and Akash Kumar. It is alleged that Rs. 49,000/- has already been withdrawn from her bank account by some unknown persons and on 08.04.2019, Rs. 6,50,059/- was transferred to the account of one Shukhdev Patil in Canara Bank, Pune through RTGS. The co-accused Akash Kumar
Patna High Court CR. MISC. No.37989 of 2019(4) dt.14-08-2019 2/2 disclosed that he, Sajid Ali, Niraj Kumar, Rajan Kumar and petitioner jointly prepared forged cheque and managed to withdraw Rs. 6,50,059/- through RTGS on 08.04.2019. Learned counsel for petitioner has submitted that petitioner was not apprehended on the spot. His name has been disclosed by co-accused Akash Kumar. There is no recovery of any money from possession of this petitioner. It is mentioned in the impugned order that amount of Rs. 6,50,059/- was transferred in the account of Sukhdev Patil. Petitioner is in custody since 25.04.2019 having clean antecedent.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 Chief Judicial Magistrate, Siwan, in connection with Siwan Town P.S. Case No. 271/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J) rakhi/- U T