This is an oral order granting anticipatory bail to the petitioner, Raphael Kumar Singh, apprehending arrest in a fraud case involving ATM card misuse, subject to a bail bond amount and sureties.
Petitioner released on bail in event of arrest or surrender within six weeks on furnishing bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.19414 of 2017 (4) dt.27-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19414 of 2017
Arising Out of PS.Case No. -4 Year- 2017 Thana -SIWAN CITY District- SIWAN
====================================================== Rahul Kumar Singh, Son of Late Kamlesh Singh, Resident of VillageChandaupur, Police Station- Daudpur, District- Chapra.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad, Advocate. For the Opposite Party/s : Mr. Sri Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
The petitioner apprehends his arrest in connection with Siwan Town P.S. Case No. 04 of 2017, registered under Sections 406 and 420 of the Indian Penal Code.
The accusation is that the informant handed over the ATM card to his friend Subhash Chandra Rawani for withdrawal of the money from ATM machine of State Bank of India. Thereafter, his friend Subhash Chandra Rawani took the help of petitioner, who was deputed as guard in the ATM machine, and in that course petitioner changed the ATM card. Later on, informant received a massage on his mobile to the effect that cash of Rs.24,000/- has been withdrawn from his account.
Patna High Court Cr.Misc. No.19414 of 2017 (4) dt.27-07-2017
Learned counsel for the petitioner submits that petitioner, who was deputed as guard in the ATM machine, has falsely been implicated in this case mere on suspicion. Moreover, it has come in paragraph 21 of the case diary that Rs.24,000/- was withdrawn to the account of the petitioner through GCC not by using the ATM card. Further submission is that petitioner has no
criminal antecedent.
Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Siwan Town P.S. Case No. 04 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioner is eligible to be released on anticipatory bail apprehending arrest under Sections 406 and 420 IPC.
1 provisions across 1 enactments
Rahul Kumar Singh
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
