Dhananjay Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23429 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -VIJAYPUR District- GOPALGANJ ====================================================== Dhananjay Verma Son of Brij Bhushan Verma, Resident of Village--Belpar Pandit, P.S.-Bhatpar Rani, District-deoria(U.P.) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binay Kant Mani Tripathi, Advocate For the Opposite Party : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 12.03.2017 in connection with Vijaipur P.S. Case No. 36 of 2017 for the offences instituted under Sections 419, 420, 411 and 379/34 of the IPC.

The prosecution story, in brief, is that the informant alongwith others proceeded for day patrolling and reached at S.B.I. of A.T.M at 3.40 P.M. near Vijaypur Market and saw that many people were withdrawing the money from ATM. Seeing the police, two persons started fleeing away and they were apprehended by the police. They disclosed their names as Dhananjay Verma and Mohit Yadav. On search, two mobile

Patna High Court Cr.Misc. No.23429 of 2017 (2) dt.24-05-2017 2/3 phones, cash Rs. 3200/- and two ATM Cards of P.N.B. and S.B.I. were recovered and from possession of Mohit Yadav, one motorcycle, one mobile phone, cash Rs. 180/-, ATM Card and two Adhar Cards were recovered. This petitioner further disclosed that he used to pay Rs. 200/- to Mohit Yadav every day and used to travel the different part of Gopalganj Districts and they used to stand behind the person and anyhow used to see the last digits of ATM and password and by his idea money App Internet transfer the amount to Bank Account No. 64448000100079772 of PNB and by deceiving used to withdraw the money of Sim issued on wrong I.D. and further used to change the ATM from old persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.03.

2017. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. The petitioner has been made accused in the present case due to mistake of fact. There is no wrongful gain made on the part of the petitioner nor any wrongful loss has been caused to any person by the petitioner. The other co-accused has been granted bail by the court below vide B.P. No. 605/2017 dated 17.04.2017.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.23429 of 2017 (2) dt.24-05-2017 3/3 Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 A.C.J.M.-IVth, Gopalganj, in connection with Vijaipur P.S. Case No. 36/2017. (Sudhir Singh, J) U.K./- U T