Sagar Kumar Verma @ Sagar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30008 of 2021 Arising Out of PS. Case No.-773 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== SAGAR KUMAR VERMA @ SAGAR VERMA Son of - Omprakash Verma Resident of Kalibagh, Near Bulaki Singh Chowk, P.S. - Kalibagh O.P., District - West Champaran (Bettiah).
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlesh Kumar Pathak For the Opposite Party/s :
Mr.Arvind Kumar Pandey Mr. Umesh Chandra Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 406, 420 and some other ancillary Sections of the Indian Penal Code and u/s 138 of N.I. Act.
As per the prosecution case, this petitioner along with other FIR named accused persons took Rs. 10,000,00/- from the husband of informant for providing a job and also gave appointment letter which was found forged and fabricated. Thereafter, when the informant and her husband demanded money the petitioner issued a cheque but when the cheque was produced in the bank the same was dis-honoured on account of
Patna High Court CR. MISC. No.30008 of 2021(5) dt.24-04-2023 2/3 insufficiency of fund in the account of this petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that from perusal of FIR it is explicitly clear that informant has also filed a complaint case for the same occurrence against the petitioner and hence lodging of the instant case is not tenable in the eye of law. It is next submitted that from perusal of FIR it is also apparent that only Rs. Four lac was given in the account of this petitioner and coaccused, Devendra Sharma and rest amount was given to other co-accused persons.
Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail and submitted that petitioner and other accused persons took Rs. 10,000,00/- from the informant for providing a job and also gave appointment letter which was found forged and fabricated and on demand the petitioner issued a cheque but when the cheque was presented in the bank, the same was bounced on account of insufficiency of fund. Thus, this petitioner and other accused persons fraudulently and dishonestly deceived and cheated the informant.
Considering the nature of accusation and gravity of
Patna High Court CR. MISC. No.30008 of 2021(5) dt.24-04-2023 3/3 the offence, I am not inclined to enlarge the petitioner on pre arrest bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T