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Patna High CourtCR. MISC./51778/2016bail granted

Vijay Kumar Yadav v. The State Of Bihar

2016-11-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51778 of 2016 Arising Out of PS.Case No. -34 Year- 2015 Thana -DURAULI District- SIWAN ======================================================

1. Vijay Kumar Yadav S/o Sri Sradhanand Yadav R/o-Bishwania P.S.- Darauli Dist.-Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Smt Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 29.09.2016 in connection with Darauli P.S. Case No. 34 of 2015 for offences punishable under Sections 406/420 of the Indian Penal Code.

The informant had relied on this petitioner and handed over her ATM card for withdrawal of money. The petitioner as per instruction withdrew Rs.25,000/- through ATM card on 18.12.2014 and handed over the money and ATM card as usual to the complainant. Subsequently, the complainant came to know that some outdated ATM card was handed over to her and real ATM card was retained by the petitioner and subsequently

Patna High Court Cr.Misc. No.51778 of 2016 (2) dt.30-11-2016 2/2 petitioner withdrew different amounts from her account. Submission of the petitioner is that the number and identity of the ATM card, which was handed over to the complainant, is not mentioned. Moreover, the alleged withdrawal is yet to be established during trial.

Considering the facts and circumstances, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. A. Pandey, learned Judicial Magistrate, 1st Class, Siwan, in connection with Darauli P.S. Case No.34 of 2015 arising out of Complaint Case No.256 of 2015. (Birendra Kumar, J) Mkr./- U T