IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37129 of 2009 RUPESH KUMAR, Son of Paras Singh, village- Roshna P.S. Fatehpur, District-Gaya ----------- Petitioner Versus STATE OF BIHAR ----------- 3 17-12-2009 Heard learned counsel appearing on behalf of the petitioner and learned appearing on behalf of the State. Petitioner is an accused in connection with Gaya G.R.P. P.S. Case No. 68 of 2009 for offences punishable under Sections 419,420,379/34 of the Indian Penal Code. Substance of the allegation as against this petitioner is of being present at the A.T.M.counter while the informant was in the process of taking out money. It is alleged that subsequently the informant realized that his entire deposits had been withdrawn from the ATM as lying in his account. Learned counsel appearing on behalf of the petitioner submits that even if the allegation is taken on the face value, no offence is set out as against the petitioner, who is only stated to be present at the place. Learned counsel submits that no case under Sections 419,420,379 is made out as against the petitioner, because there is no allegation against the petitioner of inducing the informant - 2 - to operate his ATM. Having regard to the facts and circumstances, as set forth , let petitioner, Rupesh Kumar, 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 Railway Judicial Magistrate, Gaya, in connection with Gaya G.R.P. P.S. Case No.68 of 2009, subject to the condition that the petitioner would be presenting himself on each and every date fixed in the court below and the failure on the part of the petitioner to attend the court below on two consecutive dates without reasonable explanation to the satisfaction of the courts would grant liberty to the court below to initiate proceeding for cancellation of his bail bond and to take him into custody . NKS/- ( Jyoti Saran, J)