Prakash Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40654 of 2018 Arising Out of PS.Case No. -111 Year- 2018 Thana -MAHESI District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Prakash Anand S/o Sri Upendra Singh @ Upendra Prasad Singh, R/o Vill.- Akuraha Khargi , P.S.- Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shambhu Sharan Singh For the Opposite Party/s : Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 10.05.2018 in connection Mehsi P.S. Case No. 111/2018 with registered for the offences punishable under Sections 379/420/411/414/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though it is alleged that petitioner was in possession of several ATM cards, there is no further material to indicate that the petitioner had been using the said cards for withdrawing money in the recent past. It is further submitted that the entire investigation does not reveal that any money had been

2/4 withdrawn from the aforementioned ATM cards which form and find place in the seizure list. Learned counsel for the petitioner further submits that the petitioner has a clean antecedent and has been arrested on mere suspicion and the main accused Dipak Mahto, who had allegedly given the said cards, has since escaped. Learned counsel for the petitioner further submits that the petitioner is willing to abide by the terms and conditions of this Court and he is having no criminal antecedent, therefore, he may be released on bail.

Diary in the present case was called for which has since been received.

Learned counsel appearing on behalf of the State submits that though the petitioner is alleged to have been in possession of several ATM cards of State Bank of India, Canara Bank, Bandhan Bank and Punjab National Bank, there is no material in the case diary and the entire investigation conducted with regard to the present case, nothing has come on record to show that the petitioner has been using such ATM cards in the past. However, he submits that since the petitioner was in possession of several ATM cards which were not running in his name and for which he has no plausible explanation, the

3/4 petitioner cannot be granted the privilege of bail. Having heard learned counsel for the petitioner and learned counsel appearing on behalf of the State and in view of the fact that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, East Champaran at Motihari in connection with Mehsi P.S. Case No. 111/2018, subject to the following conditions:-

(1) One of the bailors will be his father.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State

4/4 shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T