IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6742 of 2010 DINANATH SINGH, S/o Late Harbansh Singh. Versus THE STATE OF BIHAR ----------- 02. 08.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 406 and 420 of the Indian Penal Code. In the written statement filed by the informant it has been stated that on 02.11.2009 when he was attempting to take out money from ATM one person on the pretext of helping duped him and took his ATM Card and gave him the ATM Card of Dinanath Singh. Thereafter, the informant realized that twenty five thousand rupees had been withdrawn from his account and also that from the account of Dinanath Singh certain amount had been withdrawn. It has been contended that in the written report the informant has not alleged that the person who was in the ATM enclosure was the petitioner who duped him and also that the petitioner is a retired government teacher aged about 84 years and has been duped by - 2 - someone in the transaction. Under the circumstances, let the petitioner above named who is in custody since 11.12.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara, Bhojpur in connection with Udwant Nagar (Gajrajganj O.P.) P.S. Case No. 214 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)