Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78520 of 2019 Arising Out of PS. Case No.-376 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== MUNNA KUMAR, aged about 22 years, Male, Son of Nand Kishore Sahni, Resident of Village - Hussainpur, P.S. - Bochahan, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-05-2020 Heard both sides through video conferencing.

The petitioner seeks bail in Ahiyapur P.S. Case No.376 of 2019, registered under Sections 379 and 420 of the Indian Penal Code.

The informant lodged the case against unknown for fraudulently changing the ATM Card of the informant and thereafter withdrawing Rs.1,00,000/- from the account of the informant.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The petitioner was arrested in connection with Kazi Mohammadpur P.S. Case No.208 of 2019 and Mithanpura P.S. Case No.128 of 2019. The petitioner was also remanded in this case on mere suspicion. Later on, the statement of the informant was recorded and the informant

Patna High Court CR. MISC. No.78520 of 2019(4) dt.27-05-2020 2/2 claimed to identify the petitioner but the petitioner was never put on TIP. There is no material against the petitioner that the petitioner changed the ATM Card of the informant while his daughter was going to withdraw money. The petitioner is in jail since 01.10.2019. The petitioner has already remained in jail for more than seven months.

The learned Additional P.P. however, opposed the prayer for bail but submitted that the petitioner was not put on TIP and nothing has been recovered from possession of the petitioner in this case.

Taking into consideration the facts aforesaid, petitioner, namely, Munna Kumar 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 C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No.376 of 2019.

(Prabhat Kumar Jha, J) S.KUMAR/- U T