IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2735 of 2009 MD.AEYAZ Versus STATE OF BIHAR ----------- 18.04.2009 Heard learned counsel for petitioner Md. AEYAZ, the sole FIR named accused of Samastipur Town P.S. Case No. 659 of 2008 registered under sections 419, 420 and 379 IPC and he is in custody since 21.11.2008. The allegation against the petitioner is of his having withdrawn a sum of Rs. 25,000/- from the account of the informant by use of the ATM card of the informant. According to the informant his ATM card was lost on 16.5.2008 and his written report forming the basis of the police case was submitted on 20.11.2008 after a gap of almost 6 months. The petitioner is suspected to be the culprit withdrawing the amount on the basis of a hazy photograph handed over by the Bank Manager as had been recorded in the VCR retained in the ATM room and the suspicion is created by the fact of the long hairs of the person taking out the money being the mode of implicating the petitioner who too happened to have a long hairs. Admittedly from the case diary the petitioner happen to have a criminal antecedent which relates as far back as 2004, but in both cases, as submitted he is on bail. Be that as it may the suspicion cast on the petitioner appears to be true pedantic to be accepted. Such suspicion may be proved or disproved in course of the trial. 2 In the facts and circumstances of the case the petitioner Md. AEYAZ is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No. 659 of 2008 . Spd/- (Abhijit Sinha, J.)