Niwas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3222 of 2022 Arising Out of PS. Case No.-261 Year-2020 Thana- SULTANGANJ District- Patna ====================================================== NIWAS KUMAR S/o Ranjit Kumar Singh R/o Village/Mohalla- Balia, P.S.- Akbarpur, District- Nawada, Bihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avinash Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP Mr.Amresh Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 406, 34 of the IPC. The allegation against the petitioner is that he along with other accused has tricked the informant's friend and took Rs.9,66,000/- for securing his admission in the medical college but when the list for admission was published, his name was not there and the accused stopped entertaining his calls.

Patna High Court CR. MISC. No.3222 of 2022(2) dt.13-07-2022 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the petitioner is the member of the syndicate, who plays fraud with the students in the name of securing admission.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T