Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67188 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- MAHESI District- East Champaran ====================================================== SURESH KUMAR, aged about 25 years (M), Son of Ramanand Bhagat, Resident of Village- Talimpur, P.S.- Madhuban, District- East Champaran. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 379 of the IPC.

The prosecution story, in brief, is that on 19.01.2018 the informant had gone to the Bank to withdraw money through A.T.M. Card of his brother Chhunu Kumar and during that course, his A.T.M. Card has been changed by unknown person and A.T.M. Card of Samsuddin Mansuri has been given to him and said person fled away after taking A.T.M. Card of his brother. Rs. 22850/- has been withdrawn from account of Chhunu Kumar.

Patna High Court CR. MISC. No.67188 of 2019(2) dt.22-10-2019 2/3 It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 10.07.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case due to mistake of fact. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in course of investigation. The allegation of using of A.T.M. Card of the informant is denied by the petitioner. It is further submitted that the petitioner is ready to deposit Rs. 20,000/- (Rupees Twenty Thousand) only in the learned court below which shall be subject to final disposal of the case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 20,000/- (Rupees Twenty Thousand) only in the learned court below which shall be subject to final disposal of the case. On doing so, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.67188 of 2019(2) dt.22-10-2019 3/3 5th A.C.J.M., Motihari, East Champaran, in connection with Mehsi P.S. Case No. 11 of 2018.

U.K./- (Sudhir Singh, J) U T