Allowed

Md. Chand @ Shamir Alam Shahir v. The State Of Bihar

Patna HC14 Sept 2012CR. MISC./30625/2012

Case brief

AI extract

What is this about?

In a bail petition regarding alleged withdrawal of funds via ATM under Sections 420, 467, 468 IPC and 44, 66 IT Act, the High Court granted bail subject to furnishing a bond and ensuring appearance in court, noting lack of modus operandi details in charge sheet.

What did the court decide?

Petitioner released on bail on furnishing bond with two sureties, subject to conditions regarding court appearance and no further offenses.

Md. Chand @ Shamir Alam Shahir Vs The State Of Bihar — Cheque Dishonour | Patna HC (2012)

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Patna High Court Cr.Misc. No.30625 of 2012 (4) dt.14-09-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No. 30625 of 2012

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====================================================== Md. Chand @ Shamir Alam Shahir .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 14-09-2012 Heard learned counsel for the petitioner and learned counsel for the State.

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This is a petition for grant of regular bail in a case under Sections 420, 467, 468, 379, 120(B), 406 of the Indian Penal Code as well as Sections 44 and 66 of the Information Technology Act, 2005.

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It is alleged that the petitioner has illegally and fraudulently withdrawn Rs.26,00,000/- through ATM No. N2304800 from the account of Shahina Khatoon between 08.02.2012 to 16.02.2012. From the same ATM several times the money was withdrawn and while withdrawing the said amount the photograph of the petitioner on CCTV footage was recorded. However, in paragraph 44 of the case diary Anchal Kumar and Chandra Bhusahn Tiwary identified this petitioner in the video footage.

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Learned counsel for the petitioner submits that it has come in the evidence in the account of the petitioner there was only Rs.25,000/-. However, no modus operandi has been shown as to how the huge amount of Rs.26,00,000/- was withdrawn from the account of Shanina Khatoon using her ATM. However, in the confessional statement of this petitioner as stated about the technicalities that while withdrawing the

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Patna High Court Cr.Misc. No.30625 of 2012 (4) dt.14-09-2012

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amount even a computer was used which was connected with internet. It is true that the modus operandi and the technique in withdrawing the amount has not been disclosed and found out. However, the Chargesheet has been submitted. It is further submitted that the petitioner is a student of MCA.

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Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released on bail on furnishing bail bond of Rs.1,00,000/- (one lac ) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Town P. S. Case No. 122 of 2012, subject to the condition that the petitioner shall appear in the case on each and every date fixed by the court below and any absence of the petitioner shall be subject to the satisfaction of the court below on reasonable grounds and further condition that any absence of the petitioner on two consecutive dates and any involvement of the petitioner in any such type of offence in future shall itself be a ground for cancellation of bail bond of the petitioner.

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(Gopal Prasad, J.)

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kundan/-

Md. Chand @ Shamir Alam Shahir v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Chand @ Shamir Alam Shahir v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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