Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17676 of 2021 Arising Out of PS. Case No.-464 Year-2019 Thana- CHHATAUNI District- East Champaran ====================================================== JITENDRA PRASAD SAH S/O MAHENDRA PRASAD SAH R/O VILLAGE-SURAJPUR, P.S - PIPRAKOTHI, DISTRICT - EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-11-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 419, 420, 406/34 and 120(B) of the Indian Penal Code.

One Sonu Kumar opened a saving bank account and thereafter obtained KCC loan from the bank. Allegation is that the petitioner had identified Sonu Kumar. Later on, Sonu Kumar declined to have opened any bank account. As such allegation was that fake account was opened on the identification of the petitioner. Submission is that petitioner is innocent and he had identified the real person.

Under protest, the petitioner is ready to deposit rupees one lakh which was advanced as loan to Sonu Kumar under KCC, subject

Patna High Court CR. MISC. No.17676 of 2021(2) dt.24-11-2021 2/2 to result of the trial.

On deposit of the aforesaid one lakh with the bank concerned, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Chhatauni Police Station Case No. 464 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T