Md. Yusuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67954 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== MD. YUSUF, age 24 years, Male, Son of Md. Muslim, Resident of VillageBhirkhi, Ward No.24, P.S. and District-Madhepura. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Nafisuzzoha, Advocate.

For the Opposite Party :

Mr.Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 406 and 420 of the IPC. The prosecution story, in brief, is that on 05.01.2019, the informant was withdrawing money from the ATM near Bihariganj Bus Stand and that time, one unknown person offered his help in withdrawing the money quickly from ATM but that person on pretext of helping the informant changed his ATM Card and told the informant that the ATM Card is not working. When the informant looked at his ATM he found that his ATM Card has been changed. Thereafter, the informant immediately went to the SBI Branch having Code No. 2918 and requested to lock his ATM but he was asked to give an

Patna High Court CR. MISC. No.67954 of 2019(2) dt.25-10-2019 2/3 application for the same. In the meanwhile, Rs. 28500/- were withdrawn by using informant's ATM Card.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 14.06.2019. The petitioner has falsely been implicated in the present case. 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. The allegation made in the F.I.R. is denied by the petitioner. It is further submitted that the petitioner is ready to deposit an amount of Rs. 15,000/- (Rupees Fifteen 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, the petitioner is directed to deposit an amount of Rs. 15,000/- (Rupees Fifteen 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 J.M. Ist

Patna High Court CR. MISC. No.67954 of 2019(2) dt.25-10-2019 3/3 Class, Udakishunganj at Madhepura, in connection with Bihariganj P.S. Case No. 06/2019.

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