Patna High Court - Orders
Aniket Kumar @ Kundan vs The State Of Bihar on 4 December, 2018
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71048 of 2018
Arising Out of PS. Case No.-262 Year-2018 Thana- MOTIHARI TOWN District- East
Champaran
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Aniket Kumar @ Kundan, Son of Ramesh Kumar Singh @ Ramesh Singh
Resident of Village-Kishun Nagar Ward No.2, P.S. Kanti, Distt.-Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate
For the Opposite Party/s : Mr. Anant Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
2 04-12-2018Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Motihari Town P.S. Case No. 262 of 2018 instituted for the offence under Sections 420, 406, 379/34, 120B of the Indian Penal Code and Section 66 of I.T. Act.
Counsel for the petitioner submits that there is no recovery from possession of this petitioner. Police has arrested petitioner merely on suspicion and has recorded his confessional statement.
In the written report it is alleged that informant along with Manish Kumar had gone to withdraw money from A.T.M. He put his A.T.M. card in machine, but he could not withdraw Patna High Court Cr.Misc. No.71048 of 2018(2) dt.04-12-2018 2/2 money from it. It is further alleged that one person standing in A.T.M. took his ATM card and changed it. The said person withdrew Rs.80,000/- from account of the informant and transferred the same in another account.
Counsel for the petitioner submits that no Test Identification Parade has been held. There is no recovery from possession of the petitioner.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Motihari Town P.S. Case No. 262 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J) S.Ali/-
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