Shiv Shankar Kumar Singh @ Shiv Shankar Singh @ Tinku Kumar Singh @ Tinku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15198 of 2023 Arising Out of PS. Case No.-276 Year-2022 Thana- SONEPUR District- Saran ====================================================== Shiv Shankar Kumar Singh @ Shiv Shankar Singh @ Tinku Kumar Singh @ Tinku Kumar Son Of Devendra Singh R/O Village- Badurahi, P.S.- Sonepur, District- Saran At Chapra ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Vijay Kumar Singh Son Of Late Ram Swarup Singh @ Late Swarup Singh R/O Village- Badurahi, P.S.- Sonepur, District- Saran At Chapra ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2023 Heard both parties.
The petitioner apprehends his arrest in Sonepur P.S. Case No. 276 of 2022, registered for the offences punishable under Sections 420,379 of the Indian Penal Code. As per the prosecution case, this petitioner fraudulently withdrawn cash of Rs. 803185/- (Rs. Eight lakhs three thousand one hundred eighty five) from the account of informant.
It is submitted that due to land dispute between the parties, petitioner has been falsely implicated in this case. It is further submitted that alleged occurrence took placed between 03.10.2021 to 14.04.2022, but the FIR was lodged on
Patna High Court CR. MISC. No.15198 of 2023(2) dt.18-05-2023 2/2 24.04.2022 after delay of ten days without any explanation. Petitioner claims clean antecedent.
Counsel for State however vehemently opposed the prayer for bail and submitted that petitioner cheated the informant and withdrew the alleged amount by exchanging the ATM card.
Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T