Dharmendra Kumar @ Dharmendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54407 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== Dharmendra Kumar @ Dharmendra Kumar Yadav, S/o Gaya Yadav Resident of Village- Govindpur, P.S.- Chanpatia, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Majhaulia P.S. Case No. 228 of 2019, registered under Sections 413, 414, 419, 420, 467, 468, 471, 472, 379 and 120(B) of the Indian Penal Code and Section 66 of the I.T. Act. The accusation is that in course of patrolling duty, informant along with other police personnel reached near SBI, Manjhauliaya Branch then saw 10 to 12 persons standing near the SBI ATM with 4 to 5 motorcycles. On seeing the police party, all started to flee away, but on chased, five persons were apprehended, who disclosed their names as Pintu Kumar, Sk. Sahid, Mukesh Kumar, Niyaul Haque and Mantosh Kumar, who
Patna High Court CR. MISC. No.54407 of 2019(3) dt.16-11-2019 2/3 were found in possession of some ATM cards and cash. On query, they disclosed the name of their ten associates, as Taj Alam, Ravi Kumar, Raj Kumar, Santosh Kumar Yadav, Chunnu Kumar, Promod Kumar, Hariom Kumar, Rajan Sah, Chunnu Miyan and Sk. Wasim, who succeeded to flee away and they also disclosed the name of several other persons including the petitioner as associates indulging in withdrawing the money through ATM cards from account of different account holders. Learned counsel for the petitioner submits that petitioner was not apprehended at the spot nor his name was disclosed by apprehended person as their associates rather they disclosed the name of petitioner and some others who indulging in withdrawing the money from different ATM machines from different account holders. Further submission is that petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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, Bettiah, West Champaran, in connection with
Patna High Court CR. MISC. No.54407 of 2019(3) dt.16-11-2019 3/3 Majhaulia P.S. Case No. 228 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Out of two sureties one surety must be parents of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T