Ankit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20943 of 2023 Arising Out of PS. Case No.-699 Year-2022 Thana- RUPASPUR District- Patna ====================================================== ANKIT KUMAR SINGH S/O ARVIND KUMAR SINGH R/O TEL MILL GALI, PISKA MORE, HEHAL, P.S- PISKA MORE, RANCHI, DISTT.- RANCHI (JHARKHAND) AT PRESENT RESIDING AT C/O RAM RATAN RAI, SERVICE ROAD, ASHRAY VIHAR COLONY, P.S- RUPASPUR, DISTT.- PATNA.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyendra Narayan Singh, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State alongwith learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379/420 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner being store in-charge of Bluemedix shop at Rupaspur defalcated an amount of Rs. 6,75,000/- and even kept Rs. 1,00,000/- and during the course of inquiry, confessed his guilt and assured of returning the money. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.20943 of 2023(3) dt.04-07-2023 2/3 petitioner has been falsely implicated in the present case it is next submitted petitioner never confessed his guilt before any of the employees of the company it is next submitted that petitioner is a store in-charge and the defalcation was committed by higher-ups and the petitioner has been falsely implicated. It is next submitted that petitioner will not abscond rather will cooperate in the investigation and will present himself as and when required by the Investigating Officer for eliciting the truth.
The learned counsel for the petitioner further submits that falsity of the allegation would manifest from the fact that even father of the petitioner has been implicated as an accused in the present case when he is not an employee of the Bluemedix shop nor he has any concern with the business of the informant, it is next submitted that this amply demonstrates that the father of the petitioner has been roped in as an accused only with the view to coerce the petitioner into submission so that he accepts his guilt.
Learned A.P.P. for the State and learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner but are not in a position to rebut the submission made by the learned counsel for the petitioner that his father despite
Patna High Court CR. MISC. No.20943 of 2023(3) dt.04-07-2023 3/3 not being an employee has been made an accused in the present case without any allegation of theft.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rupaspur P.S. Case No. 699 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Adnan/- U T