Om Prakash Kumar @ Karu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.207 of 2017 Arising Out of PS.Case No. -489 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Om Prakash Kumar @ Karu, Son of Ashok Kumar, resident of Village - Chobar, Police Station - Tankuppa in the district of Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bihar P.S. Case No. 489 of 2016, registered under Sections 467, 468, 471, 420, 414 and 120(B) of the Indian Penal Code. The accusation is that on 05.11.2016, the informant entered in the kiosk of ATM Machine for withdrawal of cash. Thereafter, petitioner received Rs. 500/- after putting ATM card in the machine, but receipt was not procured. In the meantime, one person, who was standing outside the kiosk of ATM asked him to check the balance then he would receive receipt and he also tried to press the key of the machine, but ATM machine become hanged.

Thereafter, he pressed the

Patna High Court Cr.Misc. No.207 of 2017 (3) dt.23-01-2017 2/2 cancellation button and came out. Thereafter, he received information regarding withdrawal of Rs. 6000/-, then informant came at the ATM machine and saw the person who pressed the button was present. In the meantime, Police came there and apprehended the said person, who disclosed his name as Om Prakash Kumar (Petitioner). Thereafter, Rs. 6000/- along with other documents recovered from the pocket of the petitioner. Learned counsel for the petitioner submits that, in fact, petitioner was apprehended in the present case mere on suspicion. The petitioner has no criminal antecedent is in custody since 06.11.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsarif in connection with Bihar P.S. Case No. 489 of 2016. (Rajendra Kumar Mishra, J) manish/- U T