Patna High CourtCR. MISC./61039/2018bail granted

Rajesh Kumar v. The State Of Bihar

2018-12-14Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61039 of 2018 Arising Out of PS. Case No.-6 Year-2017 Thana- JAHANABAD District- Jehanabad ====================================================== Rajesh Kumar, Son of Uma Singh @ Uma Shankar Singh, resident of VillageMaharaj Bigha, Police Station- Khizar Sarai, District- Gaya. ... ... Petitioner.

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jehanabad P.S. Case no.6 of 2017 registered under Sections 420, 379 and 34 of the Indian Penal Code. Three unnamed persons are said to have exchanged the ATM card of the informant at the ATM kiosk and on making hulla by the informant they fled away leaving their motorcycle on the spot.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is innocent and has been falsely implicated in this case. The motorcycle is not hailing to the petitioner. The name of the petitioner has came to light only on the basis of confessional statement of co-accused Chakarpani and barring the aforesaid

Patna High Court Cr.Misc. No.61039 of 2018(4) dt.14-12-2018 2/2 confessional statement there is nothing on record indicating the complicity of the petitioner with the occurrence. There is no allegation of withdrawal of money on the basis of ATM card of informant against the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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, Jehanabad in connection with Jehanabad P.S. Case No. 6 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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