Surendra Sah @ Slendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61736 of 2023 Arising Out of PS. Case No.-356 Year-2017 Thana- BARBIGHA District- Sheikhpura ====================================================== Surendra Sah @ Slendra Sah S/O- Vinu Sah R/O- Village- Sadpur, P.OSadpur, P.S.- Lakhminiya, Sahebpur Kamal, Dist.- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Prasad For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 420 of the Indian Penal Code.

3. As per prosecution case, the petitioner is alleged to have withdrawn amount of Rs. 40,000/- from informant's Bank account after exchanging the ATM Card of the informant by fraudulently.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para 11 of the petition that the petitioner is also the victim of fraud as on 22nd July, 2023, when he updated his passbook he

Patna High Court CR. MISC. No.61736 of 2023(2) dt.15-09-2023 2/2 came to know that Rs. 2,04,976/- was blown from this account and in support of this, Annexure-2 has been Annexed. The petitioner has no knowledge that the informant's money has been withdrawn from his account. He has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 15.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barbigha (Mission OP) P.S. Case No. 356 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura.

(Sunil Kumar Panwar, J) Amandeep/- U T