Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17280 of 2020 Arising Out of PS. Case No.-336 Year-2018 Thana- ARWAL District- Jehanabad ====================================================== NITISH KUMAR Son of Sri Arun Kumar Resident of Village - Baidrabad, P.S.- Arwal, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Arwal P.S. Case No. 336 of 2018, registered for the offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

The informant, Branch Manager of Bank of India alleged that on 25.10.2018, a bank account bearing no. 448410110006837 has been opened in the Bank of India, Bahadurpur Branch, Arwal in the name of Bihari Babu, in which transactions of Rs. 23,00,000/- has been made till 04.12.2018.

Patna High Court CR. MISC. No.17280 of 2020(2) dt.30-09-2020 2/2 The informant has received complaint against this account number through email of Bank of India, Gidhlaur Branch, Thirumala, Vishakhapattnam. From the said complaint, it appears that Rs. 15,500/- has been credited in the said account by cheating Shashi Kumar account holder of Bank of India, Gidhlaur Branch, Thirumala, Vishakhapattnam. The said account has been seized.

It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. Name of this petitioner transpired in this case on the basis of confessional statement of co-accused Bihari Babu. Charge sheet has already been submitted. Petitioner has got no criminal antecedent as mentioned in para 3 of the petition. Considering the facts aforesaid and nature of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail in connection with Arwal P.S. Case No. 336 of 2018. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T