Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81317 of 2019 Arising Out of PS. Case No.-572 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== RAJESH KUMAR, aged about 30 years, Male, S/o Ravindra Kumar, R/o village- Jamira, P.S.- Ara Mufassil, District- Bhojpur... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

M/s N.A. Shamsi & Syed Ehteshamuddin, Advs.

For the Opposite Party :

Mr. Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Town P.S. Case No. 572 of 2019, registered under Sections 420 and 379 of the Indian Penal Code.

The accusation is that informant, Amarnath Kumar Singh, along with his sister, went at the ATM Kiosk, situated in Nehru Chowk, Chapra, where three persons were present. One person asked to put the pin code, thereafter, his sister put the pin code, but, the money was not come out from the Automated Teller Machine. In the meantime, the accused persons exchanged the Automated Teller Machine card of his sister. The informant and his sister came to know about it when both reached at other ATM Kiosk and Automated Teller Machine shows about wrong ATM card. When the informant and his

Patna High Court CR. MISC. No.81317 of 2019(2) dt.14-01-2020 2/2 sister reached at the Bank to know, they came to know that Rs.5,000/- has been withdrawn from the account. In the meantime, those three persons were seen there and they were chased by other persons and the informant, two were apprehended and they disclosed their names as Rajesh Kumar (petitioner) and Dhiraj Kumar. On search, Dhiran Kumar was found in possession of several ATM cards.

Submission is that not a single ATM card was recovered from the possession of the petitioner rather ATM cards were found in possession of co-accused. The petitioner has no criminal antecedent and is in custody since 05.10.2019. Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Town P.S. Case No. 572 of 2019 to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra.

(Rajendra Kumar Mishra, J) Shamshad/- U T