Sanaur Rai @ Sanuwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4695 of 2020 Arising Out of PS. Case No.-28 Year-2019 Thana- SAHPUR District- Bhojpur ====================================================== Sanaur Rai @ Sanuwar, Son of Fullan Rai Resident of Village - Sirbit, P.S.- Chainpur, District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2020 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420 and 379 of the IPC.

The prosecution case is that from the mobile phones of petitioner and other co-accused person, phone call has been made to the informant for depositing cash back amount in his account and subsequently, total sum of Rs. 19,976/- were deducted from the account of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is an illiterate persons and he was having no knowledge about his mobile phone being used for calling the informant. However, the petitioner is ready to return Rs.

Patna High Court CR. MISC. No.4695 of 2020(2) dt.02-03-2020 2/2 19976/-. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the mobile phone of the petitioner has been used for taking account details of the informant.

Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. However, considering the present stand of the petitioner, learned Court below may consider the prayer for regular bail of the petitioner, if he surrenders within a period of six weeks in connection with Shahpur (Karnamepur) P.S. Case No. 28 of 2019, pending in the Court of learned ACJM-I, Bhojpur at Ara. Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T