Prem Shankar Jha v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12524 of 2019 Arising Out of PS. Case No.-292 Year-2015 Thana- SAMASTIPUR District- Samastipur ====================================================== Prem Shankar Jha Son of Umesh Chandra Jha Resident of Village - Gohi, P.S.- Warisnagar, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mr.Raman Kumar Jha Son of Late Vidyanand Jha, Chief Manager, State Bank of India, Samastipur Branch, Post and District - Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Rajendra Nath Jha Mr. Sanjeev Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-05-2019 Heard both sides.

The petitioner apprehends his arrest in Samastipur Town P.S. Case No.292 of 2015 registered under Sections 406, 420, 467, 468, 471, 474, 198, 120(B) of the Indian Penal Code. The prayer for bail of the petitioner was twice rejected by this Court in Cr. Misc. No.194 of 2016 and Cr. Misc. No.59513 of 2017.

The learned counsel for the petitioner submits that petitioner is the bonafide account holder. The petitioner withdrew the money from his own account. The petitioner also lodged Complaint Case No.2294 of 2015 against the S.I. of Excise but from perusal of the record, it appears that petitioner

Patna High Court CR. MISC. No.12524 of 2019(3) dt.23-05-2019 2/2 pledged two fixed deposits of Rs.5,15,000/- and Rs.8,73,000/- for getting contract of the excise shops and later on, the petitioner after committing fraud encashed both the fixed deposits.

Taking into consideration the facts aforesaid and the fact that prayer for anticipatory bail of the petitioner was earlier twice rejected but the petitioner did not surrender in the Court and he is evading his appearance for last four years, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is once again rejected. (Prabhat Kumar Jha, J) Saurabh/- U T