Abhitosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21435 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- NAUTAN District- Siwan ====================================================== Abhitosh Son of Narwadeshwar Singh Chauhan Resident of VillageMahamadpur, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sri Vijay Swaroop Priyadarshi S/O Sri Motilal Paswan R/O Village- Bourhi, P.S- Guthani, Distt.- Siwan at present posted as Branch Manager, Uttar Bihar, Gramin Bank Shahpur, Nautan, Distt.- Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indu Bhushan, Adv.

For the State :

Mr. Syed Mojibur Rahman, APP For the O.P. No. 2 :

Mr. Prabhakar Jha, Adv.

Mr. Amitesh Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in Nautan P.S. Case No. 225 of 2023 registered for the offences punishable under Sections 406, 409, 420, 467, 468/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have committed fraud of Rs.11 lakh by opening various savings accounts, term deposits, other accounts and issuing fake deposit certificates.

Patna High Court CR. MISC. No.21435 of 2024(12) dt.02-12-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner qualified the examination of Banking in the year 2019 and on 18.03.2019 he was posted as Probationary Officer under trainee and the period of training was for two years. He submits that there is no specific allegation against the petitioner, there is specific allegation against co-accused Dharmendra Kumar Singh. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the opposite party no. 2 opposed the prayer for anticipatory bail and submitted that police has not submitted the charge-sheet and the investigation is still going on.

6. Considering the facts and circumstances of case and the nature of offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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