Nishu Prabhat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7396 of 2018 Arising Out of PS.Case No. -130 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Nishu Prabhat S/o Dharmendra Singh, R/o Village- Barauni-I, P.S.- Teghra, District- Begusarai at Present residing at Village- Dularpur, P.S.- Teghra, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjana For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Phulwaria P.S. Case No. 130 of 2017 registered under Section 379, 420 and 414/34 of the Indian Penal Code.

As per the prosecution case, some miscreants are engaged in illegally withdrawing the money from the accounts of the some persons by bartering the A.T.M. cards and the informant apprehended three accused persons including the petitioner along with several A.T.M. cards of different banks standing in the names of different persons.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.7396 of 2018 (02) dt.07-02-2018 - 2 - that the petitioner has been falsely implicated in this case. He has no concern with the aforesaid occurrence. No incriminating article has been recovered from the conscious physical possession of the petitioner. None has made any complain about illegal withdrawal of money from his account up till now. As a matter of fact, the petitioner was passing through the place of occurrence at the time of occurrence and the police falsely implicated him planting recovery of three A.T.M. cards from his possession. He has no concern with the aforesaid A.T.M. cards. The petitioner has been languishing in custody since 04.11.2017.

In the facts and circumstances of the case, 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 the learned Chief Judicial Magistrate, Begusarai in connection with Phulwaria P.S. Case No.130 of 2017.

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