Guddu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59458 of 2019 Arising Out of PS. Case No.-274 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== Guddu Sharma, aged about 26 years (Male), S/o Madan Sharma, resident of Village- Turmahan, P.S.- Gopalganj Town, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends her arrest in connection with Govindganj P.S. Case No. 274/2018 registered under sections 420, 467, 468, 471, 34 of the I.P.C.

The prosecution story, as per the first information report, is that the informant had gone to SBI ATM situated at Areraj Chowk and there was some difficulty in operating ATM Machine and one person who was standing behind him helped him to withdraw a sum of Rs. 10,000/- from his card. It has further been alleged that the informant became apprehensive due to some suspicion and he checked his ATM Card at another ATM situated at some other place and found that before withdrawal of Rs. 10,000/-, a sum of Rs. 40,000/- was transferred to somebody else's account.

Patna High Court CR. MISC. No.59458 of 2019(2) dt.19-09-2019 2/2 Learned counsel appearing for the petitioner submits that the petitioner is not named with the FIR and his name has come during course of investigation when police arrested one Zishan Aadil on suspicion who disclosed the name of the petitioner as one of the accused. Learned counsel further submits that similarly situated accused person Tabrez Ali has been granted bail by this Court in Criminal Miscellaneous No. 12394 of 2019. After having heard learned counsel for the parties and taking into consideration the fact that similarly situated accused person has been granted bail by this Court, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari in connection with Govindganj P.S. Case No. 274 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U