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Patna High CourtCR. MISC./75486/2023allowed

Rupesh Kumar v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75486 of 2023 Arising Out of PS. Case No.-291 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== RUPESH KUMAR Son of Dayanand Singh Resident of village - Nasriganj ( Yadav Toli ), P.S.- Nasriganj, District - Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per allegation in the FIR, while the informant was withdrawing his money from ATM of SBI, Daudnagar on 9.5.2023, someone has exchanged his ATM Card and on different dates he received message on his mobile phone regarding debit of total amount of Rs. One Lakh and fourteen thousand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. FIR is against unknown. No TIP has been done in this case. No any

Patna High Court CR. MISC. No.75486 of 2023(2) dt.29-11-2023 2/2 ATM card was recovered from conscious possession of the petitioner. He is languishing in judicial custody since 14.6.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad in connection with Daudnagar PS Case No. 291 of 2023.

(Sunil Kumar Panwar, J) sushma/- U