Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63403 of 2021 Arising Out of PS. Case No.-459 Year-2021 Thana- MAHUA District- Vaishali ====================================================== BITTU KUMAR S/o Pulish Rai R/o village- Rusulpur Mobarak, Ward No. 15, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Thakur, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420 and 504 of the Indian Penal Code and Section 66(D) of the I.T. Act. Allegation against the petitioner is that the informant had gone at the AEPS shop of the petitioner to withdraw cash of Rs. 10,000/- from her account but the petitioner did not pay the cash saying that the server is down whereas when she came back at her house she got a message that Rs.10,000/- has been debited from her account.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that due to technical fault, the informant could

Patna High Court CR. MISC. No.63403 of 2021(5) dt.30-08-2022 2/2 not receive the payment of withdrawal amount at that time, but later on the informant received the said amount. He further submits that vide paras-8 and 9 of the case diary, witnesses have asserted that the petitioner had given the said amount to the informant in their presence. Petitioner has clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Mahua P.S. Case No. 459 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U