Govind Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3728 of 2022 Arising Out of PS. Case No.-537 Year-2019 Thana- ALAMGANJ District- Patna ====================================================== GOVIND KUMAR GUPTA S/O YOGENDRA NARAYAN GUPTA R/o village- Ward No. 11, Khikhiripatti, Narahia, P.S.- Narahia, DistrictMadhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Kumari Shubham For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 379, 420 of the Indian Penal Code and u/s 66 (c ) of the I.T. Act.
As per the prosecution case, this petitioner is alleged to have fraudulently withdrew Rs. 40,000/- from the account of informant.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that counter affidavit has been filed on behalf of the informant and in paragraph 16 of the counter affidavit it is stated that the Branch Manager of the concerned Bank has recovered the aforesaid money from the account of
Patna High Court CR. MISC. No.3728 of 2022(10) dt.10-04-2023 2/2 petitioner and the same has been credited in the account of informant. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.
Considering the facts of the case, nature of accusation and the fact that amount of Rs. 40,000/- has already been credited in the account of informant coupled with clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City, Patna in connection with Alamganj PS case No. 537/ 2019, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T