Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22890 of 2021 Arising Out of PS. Case No.-353 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== RAJU BHAGAT S/o Late Parma Bhagat R/o village- Bintolia, P.S.- Srinagar (Pujaha), District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 26588 of 2021 Arising Out of PS. Case No.-353 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== PAPPU KUMAR Son of Vakil Sah Resident of Village - Malahi Tola, Police Station- Bairiya, District - West Champaran.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 22890 of 2021) For the Petitioner/s :

Mr. Sanjeev Kumar, Adv For the Opposite Party/s :

Mr. Uday Kumar Pratap, APP (In CRIMINAL MISCELLANEOUS No. 26588 of 2021) For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

Patna High Court CR. MISC. No.22890 of 2021(8) dt.26-07-2022 2/3 The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 379/420/406/34 of the IPC.

Prosecution case in short is that the informant, who is the coordinator of a Foundation got complain from some customers that their money has not been credited into their account and some also complained that their money has been illegally withdrawn from their account by the accused Raju Bhagat and Pappu Kumar. On 27.07.2020, the accused persons gave an undertaking that they will return the money to all the aggrieved persons within 15 days.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The F.I.R. does not disclose the names of any aggrieved account holder. During the period of illness of the petitioner the customer care in question was run by co-ordinator. Petitioner Raju Bhagat has one criminal antecedent and petitioner Pappu Kumar has no criminal antecedent. Learned APP for the State opposed the prayer for

Patna High Court CR. MISC. No.22890 of 2021(8) dt.26-07-2022 3/3 anticipatory bail by submitting that the petitioners are not ready to return the money.

Having regard to the facts and circumstances of the case, there is sufficient material in the case diary against the petitioners, I am not inclined to enlarge them on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. This application is accordingly, dismissed.

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