Makeshwar Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45886 of 2019 Arising Out of PS. Case No.-389 Year-2019 Thana- BIHARSHARIF District- Nalanda ====================================================== Makeshwar Nath Son of Kavindra Singh Resident of Village - Mohabbatpur, P.S.- Shekopur Sarai in the Dist.- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bihar P.S. Case No. 389 of 2019, registered for the offences punishable under Sections 419, 420, 467, 468, 472 and 34 of the Indian Penal Code. While the informant along with other police personnel was on patrolling duty, he got information that marpit is going on near A.T.M of Inudsind Bank. They arrived at A.T.M. of Indusind and saw that some people caught hold one person. On enquiry people said that this petitioner is involved in withdrawing money fraudulently by using others A.T.M card. From possession of this petitioner two A.T.M cards, Adhar card and one small scanner is said to have been recovered. It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.45886 of 2019(3) dt.20-09-2019 2/2 petitioner has falsely been implicated in this case. Petitioner is in custody since 23.06.2019. Chargesheet has already been submitted.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged 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, Naland Biharsharif in connection with Bihar P.S. Case No. 389 of 2019 subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T