Kanhaiya Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20013 of 2018 Arising Out of PS. Case No.-410 Year-2017 Thana- DHAKA District- East Champaran ====================================================== Kanhaiya Kumar Sahani S/o Late Sarwan Sahni, R/o Village- Koral, P.S.- Pakdideyal, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha For the Opposite Party/s :

Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and the the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Dhaka P.S. Case No.410 of 2017, registered under Sections 379, 411, 414 and 420/34 of the Indian Penal Code. Allegation in brief is that the petitioner asked the informant in the ATM to first check his balance and then to withdraw the money, in the meanwhile, exchanged his ATM and apprehended by the informant and others on the spot but he handed over informant's ATM card to his friend, who escaped away.

Submission is that the so called ATM card was not recovered from possession of the petitioner, there is no allegation of any transaction or withdrawal of money, the

Patna High Court Cr.Misc. No.20013 of 2018(2) dt.05-04-2018 2/2 petitioner is in custody for approximately four months and he has no criminal antecedent.

Having considered the aforesaid facts and circumstances, petitioner Kanhaiya Kumar Sahani is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sikrahana in connection with Dhaka P.S. Case No.410 of 2017.

(Arun Kumar, J) S.KUMAR/- U T