Nilesh Verma @ Nilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11203 of 2022 Arising Out of PS. Case No.-773 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== NILESH VERMA @ NILESH KUMAR SON OF BISHWANATH PRASAD R/O MOHALLA- NAYA TOLA, MEHSAUL, CHAK MAHILA, WARD NO.25, P.S.- MEHSAUL O.P. (TOWN P.S.), DISTRICT- SITAMARHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suman Kumar Verma For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioner apprehend his arrest in a case registered for the offence punishable under sections 406, 420, 467, 468, 471/34 of the Indian Penal Code and 138 N.I. Act. The allegation against the petitioner is that he made a false assurance to the informant in connection with getting service in Health Department to her husband. The petitioner
Patna High Court CR. MISC. No.11203 of 2022(2) dt.03-08-2022 2/3 and other accused persons have grabbed Rs. 10 lakhs against the promise of getting service to the husband of the informant. As many as five forged appointment letters was issue to the husband of the informant which were found to be forged upon enquiry. It is further alleged that one Sagar Kumar Verma has detained the certificate of matriculation and intermediate of the husband of the informant.
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 on the basis of suspicion. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The petitioner is not a permanent resident of Sitamarhi. He is not an employee of the Health Department or under any government. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail and submits that there is a direct allegation of cheating and forgery on the petitioner.
Having regard to the facts and circumstances of the case, there is a direct allegation of forgery and cheating, I am
Patna High Court CR. MISC. No.11203 of 2022(2) dt.03-08-2022 3/3 not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly, dismissed.
(Anjani Kumar Sharan, J) shikha/- U T