Anjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14645 of 2023 Arising Out of PS. Case No.-109 Year-2022 Thana- EKANGARSARAI District- Nalanda ====================================================== ANJAN KUMAR S/O DEVKI PANDIT RESIDENT OF LAI, P.S.- BIHTA, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Riya Giri, Adv.

Mr.Sumit Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Ekangarsarai P.S. Case No.109 of 2022, registered for the offence punishable u/s 417, 420, 468 and 34 of the IPC. As per the prosecution case, the petitioner being the Branch Manager, Ashirwad Micro Finance Ltd., in connivance with customers has committed fraud of Rs.30,67,286/-. 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. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the petitioner was appointed as the Branch Manager of

Patna High Court CR. MISC. No.14645 of 2023(3) dt.22-06-2023 2/2 Ashirwad Micro Finance Ltd. since 23.12.2020 and he has always worked satisfactorily and on complaint has ever been made against the petitioner. An arbitration proceeding was concluded ex parte in which Rs.21,59,467/- was awarded against the petitioner to pay the said amount to the Company. It is submitted that the petitioner challenged the said award, therefore, the same has not been paid. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that there is direct allegation against the petitioner. Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T