Binit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.146 of 2018 Arising Out of PS.Case No. -378 Year- 2017 Thana -BANKA District- BANKA ====================================================== Binit Kumar Singh, Son of Amrendra Prasad Singh, resident of VillageVindi, P.S.- Banka, District- Banka. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-03-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Banka PS case no. 378 of 2017 registered for the offences punishable under Section 379 of the Indian Penal Code. The allegation is regarding some money being withdrawn from the ATM of the informant and the informant suspects that the petitioner herein, who was his driver, might have withdrawn the same. The total amount withdrawn by way of eight withdrawal transaction is said to be a sum of Rs.80,000/-. The learned counsel for the petitioner submits that the informant himself has admitted that his driver, i.e. the petitioner herein used to live with him and the FIR has not been filed

Patna High Court Cr.Misc. No.146 of 2018 (4) dt.19-03-2018 2/2 immediately after receiving message about withdrawal of money from the account of the informant, hence the complicity of the petitioner in the present case is not there. It is stated that the petitioner is said to be having a clean antecedent. Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka PS case no. 378 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T