Patna High CourtCR. MISC./73235/2024allowed

Gopi Muni v. The State Of Bihar

2025-01-27Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73235 of 2024 Arising Out of PS. Case No.-501 Year-2017 Thana- BIHPUR District- Bhagalpur ====================================================== Gopi Muni Son of Ganga Muni R/O-Village - Pahartol, P.S. - Mirganj, Dist. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and Mr. Anil Kumar Singh No. 1, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 379, 34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner has withdrawn money from the account of informant after exchanging ATM card fraudulently with him when he went to withdraw money from ATM machine. As per the prosecution story, the petitioner has withdrawn total sum of Rs. 79,000/- from account of informant through ATM card.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the

Patna High Court CR. MISC. No.73235 of 2024(5) dt.27-01-2025 2/2 petitioner resides outside and his ATM was being used by his wife. It is further submitted that the petitioner is languishing in judicial custody since 08.03.2024. Petitioner is having antecedent of one case, in which, he is on bail in the said case.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihpur (Bhawanipur) P.S. Case No. 501 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Naugachia. (Ashok Kumar Pandey, J) Sudhanshu/- U T