Patna High CourtCR. MISC./38069/2017allowed

Md. Meraj @ Banti v. The State Of Bihar

2017-08-10Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.38069 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38069 of 2017 Arising Out of PS.Case No. -547 Year- 2015 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ====================================================== Md. Meraj @ Banti S/o Mohid Ansari, R/o Mohalla-Mithanpura chowk, P.S. Mithanpuras, District-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2017 Heard the learned counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with Kazimohammadpur P.S. Case no. 547 of 2015 registered under Sections 379 and 420 of the Indian Penal Code. The petitioner is said to have withdrawn Rs. 40,000/- from the account of the informant by using her A.T.M card and pin code number.

It is submitted by the learned counsel for the petitioner that the petitioner is not named in the F.I.R, though the video footage of the A.T.M. kiosk indicates that he was present there, but simply presence of the petitioner at the A.T.M. kiosk does not indicate his complicity in the occurrence. Moreover, the said

Patna High Court Cr.Misc. No.38069 of 2017 (2) dt.10-08-2017 footage was also not shown to the informant to identify the petitioner. The petitioner was also put on T.I.P. The mobile of the informant on which the message of the withdrawal of money was received and the statement of the account of the informant were not produced before the police. The petitioner is languishing in custody since 19.04.2017.

Considering the facts and circumstances of the case, let above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-cum-Sub Judge-1st, Muzaffarpur in connection with Kazimohammadpur P.S. Case no. 547 of 2015.

(Prakash Chandra Jaiswal, J) rohit/- U T