Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18803 of 2023 Arising Out of PS. Case No.-989 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== SATISH KUMAR S/O LATE UMAKANT PRASAD Resident of VillageBairia, P.O.- Kolhua Paigamabarpur, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur :

Mrs.Vaishnavi Singh :

Mr. Ritwik Thakur For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 409, 420, 467, 468, 471 and 120(B) of the Indian Penal Code pending in the learned court below.

As per the persecution case, petitioner is involved in criminal conspiracy with other co-accused by showing illegal accidental claim and has withdrawn Rs.1.15 Crore from L.I.C. Gopalganj Branch by tempering computer entry and had misappropriated the aforesaid amount.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.18803 of 2023(3) dt.23-06-2023 2/2 case. He further submits that the present FIR is lodged after a delay of eight years. He submits that there is no specific overt act against the petitioner. He further submits that only on suspicion the petitioner has been made accused in the present case. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Per contra, learned APP for the State vehemently opposes the bail application and submits that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Gopalganj Town P.S. Case No. 989/2022. Accordingly, his prayer for anticipatory bail is hereby rejected. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order considering the fact that there is no specific overt act against the petitioner.

(Anjani Kumar Sharan, J) ajay/- U T