Suman Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57646 of 2021 Arising Out of PS. Case No.-401 Year-2020 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Suman Kumar Yadav Son of Sri Subhash Prasad Yadav @ Subhash Singh Resident of Village- Dhobgidha, P.S.- Rupauli, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner and Shri Anil Kumar, learned A.P.P. for the State.

The petitioner seeks bail in connection with K. Nagar P.S. Case No. 401 of 2020 instituted for the offences under Sections 406 and 420 and 379 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 29.04.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that the informant alleges that he had gone to the ATM for withdrawing money from his account, further that in his account he had Rs. 1,42,816/-. It is further alleged that the informant on 10.11.2020 withdrew an amount of Rs. 5,000/- with the help of bank

Patna High Court CR. MISC. No.57646 of 2021(2) dt.02-03-2022 2/3 employee and thereafter gave his ATM card to an unknown person to check his balance and after getting his balance checked, the said unknown person returned his ATM card. It is further alleged that after sometime the informant realised that the ATM card which was given to him by said unknown person was not his ATM card and later he came to know that an amount of Rs. 1,37,816/- was withdrawn from his account in between 10.11.2020 to 28.11.2020.

Learned counsel for the petitioner submits that the petitioner has been arrested in this case based on suspicion, even the image in the C.C.T.V. footage does not resemble the petitioner nor the ATM card of the informant was found from the possession of the petitioner. Learned counsel further submits that charges have been framed in the case.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and the charges have been framed, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in

Patna High Court CR. MISC. No.57646 of 2021(2) dt.02-03-2022 3/3 connection with K. Nagar P.S. Case No. 401 of 2020 with a condition that if the petitioner on two consecutive dates does not appear in the trial, the learned court below shall forthwith cancel his bail bonds.

(Satyavrat Verma, J) Rishi/- U T