Ranveer Yadav @ Ranvir Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32022 of 2015 Arising Out of PS.Case No. -283 Year- 2013 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== Ranveer Yadav @ Ranvir Yadav son of Baleshwar Yadav, resident of Village- Kharagpur, P.S. Sadar (O.P. Sonabarsa Kachahari), DistrictSaharsa. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case for the offences punishable under sections 420, 467 and 468 of the I.P.C Allegedly, amount of Rs. 6,57,700/- was withdrawn from the head of salary of teachers through three forged cheques in collusion with Bank officials and during investigation the name of the petitioner transpired that he got opened the account in the name of Sanjay Kumar after submitting forged papers and affixing his own photograph and thereafter got transferred the amount in the account and withdrew the amount from A.T.M. Submission is of false implication and that the petitioner is not named in the F.I.R, his photo has been misused,
Patna High Court Cr.Misc. No.32022 of 2015 (5) dt.30-11-2015 2/3 there is no legal evidence against the petitioner. The petitioner is neither identifier nor guarantor of the account. One Sanjay Kumar is the account holder of Account No. 313310100562 of Canera Bank, Saharsa in which the amount of cheque was transferred and the photo of the petitioner was affixed, the master mind is Ranjeet Yadav and the petitioner has no account in Canera Bank, Saharsa. The petitioner is being harassed and his confessional statement has been recorded after adopting third degree method. It is not possible to withdraw such amount without collusion and conspiracy of the Bank staff. The petitioner has been made victim of the circumstances, co-accused Raushan Kumar @ Babloo Yadav has been allowed pre-arrest bail by another coordinate Bench of this Court vide Cr. Misc. No. 35956 of 2015 by order dated 05.11.2015 and the petitioner is suffering in custody since 14.02.2015.
The learned A.P.P. opposes prayer for bail by submitting that the account was opened after using the photo of the petitioner and without his presence in the Bank no account can be opened and no amount can be withdrawn and he has also confessed his guilt.
In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, at this
Patna High Court Cr.Misc. No.32022 of 2015 (5) dt.30-11-2015 3/3 stage this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Simiri Bakhtiyarpur P.S. Case No. 283 of 2013 pending in the court of C.J.M. Saharsa.
However, the trial court is directed to expedite the trial and to conclude the same preferably within nine months, failing which the petitioner may be at liberty to renew his prayer for bail.
(Jitendra Mohan Sharma, J) Abhay/- U T