Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11171 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Amit Kumar, son of Sri Madan Prasad, Resident of Village- Barh, Hajari Market (wrongly stated as Hajaribagh Market), P.S.- Barh, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Jha For the Opposite Party/s : Mrs. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-04-2017 Heard both sides.

The petitioner seeks bail in Samastipur (Muffasil) P.S. case No. 27 of 2017 under Section 406, 409, 420, 465, 467, 468, 470, 471, 34 and 120(B) of the Indian Penal Code. The petitioner was apprehended while he was depositing a cheque bearing No. 175049 of Rs. 3,85,460/- in the account of Kamlesh Sharma. On verification, the cheque was found to be forged. It transpired that the petitioner disclosed his name as Akash Kumar but from his possession Admit Card and other I-cards of Amit Kumar were recovered.

The learned counsel for the petitioner submits that petitioner disclosed that he only deposited the cheque on being

Patna High Court Cr.Misc. No.11171 of 2017 (3) dt.07-04-2017 2/2 asked by Rakesh and others. It was accused Kamlesh Sharma who earlier withdrew Rs. 1,96,520/- after depositing the same through forged cheque.

It appears that, on verification, Kamlesh Sharma was not found to be a genuine person. The petitioner got account opened in the name of Kamlesh Sharma and he presented fake cheque bearing No. 175049 in the Punjab National Bank of Rs. 3,85,460/-.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail, at this stage. Accordingly, the same is rejected.

The petitioner may renew his prayer for bail after remaining six months in custody.

(Prabhat Kumar Jha, J) BKS/- U T