Mangal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30560 of 2018 Arising Out of PS.Case No. -58 Year- 2014 Thana -MADHEPUR District- MADHUBANI ====================================================== Mangal Kumar Singh S/o Bhagwan Singh, R/o Village.- Kushwahanagar, Maheshpur, P.S.- Maheshkhoont, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 07-06-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who is in custody since 25.03.2018, seeks bail in connection with Madhepur (R. S. Shivir) Police Station Case No. 58 of 2014 registered for the offences punishable under sections 406 and 420 of the Indian Penal Code. As per written report, some unknown person used the 'ATM' card of the informant and withdrew an amount of Rs. 82,000/- from her account.

It has been submitted that the occurrence took place in Madhubani district. The petitioner is a Guard of ATM booth in Khagaria district and his name transpired in confession of one Anita Devi who in course of investigation stated that her 'ATM'

Patna High Court Cr.Misc. No.30560 of 2018 (3) dt.07-06-2018 2/2 card was exchanged by this petitioner. Further submission is that the petitioner has clean antecedent and except disclosure of his name after three years by Anita Devi who is resident of different district, there is nothing against him.

The learned Additional Public Prosecutor on the other hand opposed the submission.

Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Jhanjharpur, Madhubani, in connection with Madhepur (R. S. Shivir) Police Station Case No. 58 of 2014, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T