Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10514 of 2025 Arising Out of PS. Case No.-121 Year-2019 Thana- SULTANGANJ District- Patna ====================================================== Deepak Kumar S/O Suresh Prasad Singh R/o Village- Murli,PostBhawanipur, P.S.- Rangara Chawk, Dist- Bhagalpur, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Vikram, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-05-2025 Heard Mr. Kumar Vikram, learned counsel appearing on behalf of the petitioner and Ms. Renu Kumari, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Sultanganj P.S. Case No. 121 of 2019 registered under Sections 419,420,467,468,471 of the Indian Penal Code.
3. As per the allegation made in the FIR, a sum of Rs.40,000/- was transferred into the account of the petitioner from the account of the informant by cloning the ATM card.
4. Learned counsel appearing on behalf of the petitioner submitted that as a result of fraud transfer of Rs. 40,000/- into the account of the petitioner, he has been made accused in the present case. The petitioner has no concern with the co-accused namely Rajkumar Raman, in whose account a
Patna High Court CR. MISC. No.10514 of 2025(3) dt.13-05-2025 2/3 sum of Rs.80,000/- was transferred from the account of the informant on the same day. The petitioner is ready to return back the said Rs.40,000/- but the Bank personnel concerned are not accepting the same. The forgery of this scale cannot be committed without the involvement of the Bank officials. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact that sum of Rs.40,000/-, which has been transferred into petitioner's account, is required to be returned back to into the account of the informant and the petitioner is ready to do so. In the course of investigation, only minuscule evidences have been collected against the petitioner, as such, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the
Patna High Court CR. MISC. No.10514 of 2025(3) dt.13-05-2025 3/3 satisfaction of learned Additional Chief Judicial Magistrate - II, Patna City in connection with Sultanganj P.S. Case No. 121 of 2019, subject to the condition as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T