Vicky Kumar @ Vikas Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7858 of 2022 Arising Out of PS. Case No.-85 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== VICKY KUMAR @ VIKAS RANJAN S/o Surendra Prasad Sinha R/o Laxmi Niwas Vivek Vihar, Hanuman Nagar, P.S.- Patrakar Nagar, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420 and 120(B) of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he is a jewellery maker and Gautam Kumar along with the petitioner and Shailesh Kumar came to his house and asked him to take a loan for constructing his house, thereafter the accused persons took the informant to the LIC Office, exhibition road for having a talk with the manager, thereafter it is alleged that the manager demanded papers of the land and
2/4 also obtained signature of the informant on some papers and the bank account of the informant was opened in the same bank where account of Gautam Kumar was existing, it is next alleged that after sometime when the informant went to meet the manager to inquire about the loan, he was informed that the loan has been sanctioned much earlier on which the informant became perplexed and asked the manager where is his loan amount on which the manager asked him to talk to Gautam Kumar and when the informant contacted him, it is alleged that he was abused and threatened and thus it is alleged that the informant became sanguine that the loan of Rs. 17 lakh has been siphoned off by the accused person, including the petitioner.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that as far as this petitioner is concerned, the only allegation against him is that he had also accompanied Gautam Kumar to the house of the informant with Shailesh where Gautam asked the informant to take a loan for construction of his house and thereafter they went to LIC office, it is further submitted that Gautam and informant were in same business and as such were known to each other, hence
3/4 Gautam had advised him for obtaining the loan, it is next submitted that Gautam was taken into custody but was granted regular bail by this Court vide order dated 12.05.2022 in Cr. Misc. No. 68314 of 2021 on the ground that the loan was disbursed in the account of of the informant in three installments and the informant was using his bank account also but he never complained that the loan amount has been siphoned off. It is next submitted that the order dated 12.05.2022 passed in Cr. Misc. No. 68341 of 2021 has recorded the facts of the case in detail, it is next submitted that similarly situated co-accused Shailesh Kumar has been granted anticipatory bail by order dated 27.07.2022 in Cr. Misc. No. 70084 of 2021 and the petitioner is similarly situated like Shailesh.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount
4/4 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pirbahore P.S. Case No. 85 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T