Mumtaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16725 of 2015 Arising Out of PS.Case No. -317 Year- 2014 Thana -SHERGHATI District- GAYA ====================================================== Mumtaz Ansari S/o Haider Mian R/o Village- Maldari, P.s - Imamganj, Distt- Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Dular Sah, Adv. For the Opposite Party/s : Mr. Amrendra Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-05-2015 Heard both sides.

The petitioner apprehends his arrest in Sherghati P.S. Case no. 317/2014, registered for the offences punishable under Sections 379,420/14 of the Indian Penal Code. The informant alleged that while he was operating ATM Card to withdraw money one person entered into the ATM booth and saw his ATM Pin number and immediately he cancelled the code. The person withdrew Rs. 10,000/- and to this effect the informant got information on his mobile that Rs. 10,000/- was withdrew from his account. The informant and others chased the accused and his accomplices and caught one of the accused Asgar Ali who disclosed the name of the petitioner. From his possession

Patna High Court Cr.Misc. No.16725 of 2015 (2) dt.05-05-2015 2/2 three ATM cards of different Banks, Rs. 10,000/- was drawan from the account of the informant and the identity card of the accused were recovered.

It is submitted that the apprehended boy has got enmity with the petitioner and that is why he named the petitioner. On perusal of the records, it appears that the petitioner and one another was also accompanying Md. Asgar (the apprehended boy) and they were in queue to withdraw the money from ATM. Md. Asgar came and saw the ATM pin number and withdrew the amount and apprehended on chase but the petitioner and others managed to flee away.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi/- U T