Vijay Kumar Singh @ Vijay Bahadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21973 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Vijay Kumar Singh @ Vijay Bahadur Singh Son Of Late Vishwanath Singh Resident Of Vishwamitra Colony, Ward No.3, Buxar, Police Station - Buxar Town In The District Of Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Buxar (Industrial) P.S. Case No. 206 of 2023 dated 01.08.2023 registered for the offences punishable under sections 379, 406, 420, 467, 468/34 of the Indian Penal Code.

3. As per the prosecution case, the informant obtained insurance policy of Bajaj Allianz Company in the name of his mother namely, Parwati Devi in which the informant was nominee. When the informant's died, the informant claimed for the release of the insurance amount, the insurance company declined the payment. Thereafter, the informant engaged the coaccused Shiv Kumar Ram as an advocate to file the case before the District Consumer Forum against the insurance company.

Patna High Court CR. MISC. No.21973 of 2024(3) dt.20-03-2024 2/3 Thereafter, cheques of Rs. 7,03,838/- was paid to the informant by the insurance company. It is further alleged that the said cheque was not given to the informant by the petitioner. The petitioner advised the informant to open a separate bank account and at the time of opening new account, wrong address was given by the accused persons. Thereafter, the petitioner in connivance of other co-accused persons obtained the signature of the informant on the withdrawal form and withdrew Rs. 2,00,000/- from his account and thereafter Rs. 1,00,000/- was taken by the accused persons as commission of the case. Again on 10.05.2019, the petitioner and the co-accused persons withdrew Rs. 2,50,000/- from the account of the informant by making his forged signature.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He has further submitted that the informant got closed his saving account of Central Cooperative Bank, Rajpur on 23.04.2021 and after two years, he filed the present case against the petitioner and others only with a view to teach lesson to the petitioner and others in retaliation to Buxar P.S. Case No. 557 of 2020 filed on behalf of the petitioner against the informant. It is further alleged that the petitioner has no concern with the alleged

Patna High Court CR. MISC. No.21973 of 2024(3) dt.20-03-2024 3/3 offence. The petitioner has no criminal antecedent mentioned in para 3 of the bail petition. The petitioner was the then Manager of the Central Cooperative Bank. Similarly situated co-accused namely Shiv Kumar Ram has already been granted anticipatory bail by this Court vide order dated 07.11.2023 passed in Cr. Misc. No. 72038 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Buxar in connection with Buxar (Industrial) P.S. Case No. 206 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T