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Patna High CourtCR. MISC./15120/2019bail rejected

Sheo Narayan Paswan v. The State Of Bihar

2019-06-25Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15120 of 2019 Arising Out of PS. Case No.-82 Year-2018 Thana- KASMA District- Aurangabad ====================================================== SHEO NARAYAN PASWAN Son of Ramvilash Paswan Resident of Village - Mubarakpur, P.S. - Kasma, District - Aurangabad (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Leelawati Kumari For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kasma Police Station Case No. 82 of 2018, disclosing offences under Sections 406 and 420 of the Indian Penal Code. The allegation against the petitioner, as per the First Information Report, is that the petitioner is the Ward Member of Ward No. 9, who, on the basis of forged signature, has withdrawn a sum of Rs. 2,40,000/- from the bank fraudulently, by putting the signature of Vidhi Chand Paswan, who is the Secretary of the Managing Committee.

Learned Counsel for the petitioner submits that the petitioner has completed the work upto 1000 feet and has falsely been implicated in this case inasmuch as there is no proof that

Patna High Court CR. MISC. No.15120 of 2019(5) dt.25-06-2019 2/2 the petitioner has put the signature of Vidhichand Paswan on the cheque.

Learned Additional Public Prosecutor submits that in paragraph 41 of the case diary, the complicity of he petitioner in the offence has come to light.

After having heard learned Counsel for the parties and taking into consideration the facts and circumstances of the case, I am not inclined to grant the petitioner privilege of anticipatory bail.

This application for anticipatory bail, is hereby, rejected.

The petitioner, Sheo Narayan Paswan, is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √