Ranjit Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59771 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- RAUTA District- Purnia ====================================================== Ranjit Kumar Choudhry, aged about 30 years, male, Son of Mahesh Lal Choudhary, Resident of Village - Choudhary Tola Ward No.7, Chakai, P.S.- Jokihat, Dist.- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Adv.
For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner apprehends his arrest in connection with Routa P.S. Case No. 81 of 2019 registered under section 419, 420, 379, 411, 34 of the I.P.C.
The allegation against the petitioner, as per the first information report, is that that the informant had gone to withdraw a sum of Rs. 20,000/- from ATM of her son and while operating the ATM Machine, one person offered to help her and asked the ATM PIN number of the ATM. It has further been alleged that that person withdrew a sum of Rs. 10,000/- and gave it to informant and said that further amount would not be withdrawn and returned the ATM card which was not the ATM card belonging to the son of
Patna High Court CR. MISC. No.59771 of 2019(2) dt.24-09-2019 2/3 the informant and some other card was given to her. It has further been alleged that the informant sat near the ATM in the Khalil market when the same person who had handed over the duplicate or wrong ATM Card to the informant came on motorcycle along with one another person and when he was apprehended he disclosed his name as Mohammad Arif and from whose possession two ATM Card one of the son of the informant and another ATM Card of different person was recovered. The arrested person disclosed the name of the petitioner who fled away through the motorcycle from the place of occurrence.
Learned counsel appearing for the petitioner submits that the petitioner has has no criminal antecedent and has falsely been implicated in this case due to village politics. Learned counsel further submits that the person who was arrested with the help of informant the ATM card belonging to the son of the informant was recovered from his pocket. Learned counsel further submits that no further withdrawal was made through the ATM card of the informant.
Having regard to the submission made by the parties and taking into consideration the fact that no incriminating material or ATM card has been recovered from the possession of the petitioner and further the name of the petitioner has been disclosed by the arrested co-accused, I am inclined to grant
Patna High Court CR. MISC. No.59771 of 2019(2) dt.24-09-2019 3/3 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 Chief Judicial Magistrate, Purnea in connection with Routa P.S. Case No. 81 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U