Ramchandra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21760 of 2024 Arising Out of PS. Case No.-911 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Ramchandra Kumar S/O RAM PRASAD YADAV R/O VILLAGE- GOVINDPUR, WARD NO.5, P.S.- PRATPGANJ, DISTRICT- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s:

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2024 Heard the parties.

2.

The petitioner seeks for bail in connection with Forbesganj P.S. Case No.911 of 2023, registered for the offence punishable under Sections 418, 420, 467, 468, 120B of the Indian Penal Code. 3.

As per the FIR, petitioner went to ICICI, Forbesganj Branch and requested to transfer Rs.5 lacs vide a cheque to one Jitendra Kumar. When the bank officials made phone call on the registered mobile number for permission to transfer the said money, one person on other side told the bank official that he is Ramchandra Kumar, who is talking and also requested to transfer the said money in the account of Jitendra Kumar but Ramchandra Kumar was physically present in the Bank itself. On such information, petitioner was arrested on the spot and an in-

Patna High Court CR. MISC. No.21760 of 2024(6) dt.30-08-2024 2/3 quiry started from which they came to know that on 26.09.2023, more than Rs.1,25,00,000/- (One Crore Twenty Five Lacs) was deposited in the bank account of Ramchandra Kumar. When the petitioner was interrogated, he disclosed that one Tinku Kumar Jha, his neighbour asked him to open a bank account in ICICI Bank and promised to give him one lakh rupees. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. During the investigation, nothing has been recovered from the possession of the petitioner nor police has found direct or indirect materials against him. Petitioner had gone to the ICICI bank with his cheque to withdraw one lac rupees but the bank employee called the police and petitioner was arrested. Petitioner has no knowledge that from where such huge amount of money came in his bank account. Petitioner is in judicial custody since 29.09.2023. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail. 6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to

Patna High Court CR. MISC. No.21760 of 2024(6) dt.30-08-2024 3/3 enlarge the petitioner on bail. The prayer for grant of bail on his behalf is hereby rejected.

7.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T