Patna High CourtCR. MISC./65010/2019bail granted

Mithun Kumar @ Aditya Kumar v. The State Of Bihar

2019-12-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65010 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- DEWARIA District- Muzaffarpur ====================================================== MITHUN KUMAR @ ADITYA KUMAR Son of Vinoj Ray @ Vinod Ray Resident of Village-Morsand Ratan P.S.-Minapur (Panapur O.P.), DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Deoriya P.S. Case No. 92/2019 registered under Sections 452 and 420/34 of the Indian Penal Code.

Petitioner is said to be indulged in withdrawing the money from the account holder of the bank by changing their ATM cards and six ATM cards were recovered from the possession of the petitioner, after giving him chase. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized article or any activity of withdrawing money

Patna High Court CR. MISC. No.65010 of 2019(4) dt.17-12-2019 2/2 from the account of the account holder by changing the ATM cards. He has been falsely implicated in this case at the instance of his enemies by planting aforesaid recovery from his possession. No case for the alleged withdrawal of the money from the account of the account holder has been lodged against the petitioner. Petitioner has no criminal antecedent and has been languishing in custody since 07.07.2019. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Nayan Kumar, Judicial Magistrate 1st Class, Muzaffarpur in connection with Deoriya P.S. Case No.92 of 2019.

(Prakash Chandra Jaiswal, J) amit/- U T