Rakesh @ Rakesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59507 of 2021 Arising Out of PS. Case No.-421 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAKESH @ RAKESH SINGH Son of Jile @ Jile Singh Resident of Village - Puthi Saman (Near Sanal Chopal), P.S.- Bans, District - Hisar (Hariyana). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 421 of 2021 instituted for the offences under Sections 420, 379, 467, 468, 401, 414 and 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 29.06.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that on the information that the petitioner is in ATM of ICICI at Bairiya Golambar, the informant reached the ATM of ICICI and apprehended the petitioner and from possession of the petitioner one ATM swipe machine along with ATM cards of different banks in the name of different persons were

Patna High Court CR. MISC. No.59507 of 2021(2) dt.09-03-2022 2/2 recovered and the petitioner disclosed that he along with named accused persons indulged in ATM swipe.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case. It is also submitted that none of the ATM holder, whose ATM is alleged to have been recovered from the possession of the petitioner, has filed any case, as such, it appears that the police merely based on suspicion has arrested the petitioner.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that these kinds of fraud are taking place in merely all the ATMs of different banks and hard earned money of persons is being syphoned off by accused like petitioner.

At this stage, learned counsel for the petitioner seeks permission to withdraw this application with liberty to the petitioner to renew his prayer for bail after framing of charge. Permission is accorded.

Accordingly, this application is dismissed as withdrawn in connection with the aforesaid case pending in the Court of learned Chief Judicial Magistrate, Muzaffarpur.

(Satyavrat Verma, J) Kundan/- U T