Rakesh Kumar @ Rakesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65123 of 2018 Arising Out of PS. Case No.-34 Year-2018 Thana- NAYAGAON District- Begusarai ====================================================== Rakesh Kumar @ Rakesh Paswan S/o Sikandar Paswan@ Sikari Paswan Resident of Village- Singhpur Punarwash, P.S. Nayagaon, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Singh For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 467,468,471,472,419,420 and 379/34 of the IPC and Sections 66© and (D) of the Information Technology Act,2000.

The prosecution case as per the written report of Rupesh Tanti dated 12.6.2018, submitted to the SHO, Nayagaon Police Station, is to the effect that co-accused Chandra Shekhar Kumar Sinha used to run Customer Service Centre of State Bank of India, who conveyed the informant that he would facilitate in getting loan sanctioned to the informant, whenever required. On 6.2.2018, the informant and his brother, Kundan Kumar Tanti went to the customer care centre when they met co-accused Chandra Shekhar Kumar Sinha, Chandan Paswan, Sanjeev Paswan

Patna High Court Cr.Misc. No.65123 of 2018(2) dt.12-12-2018 2/3 who explained about the procedure of taking loan from the bank. They also took the ATM cards of PNB, Canara Bank and State Bank of India and the passbook of State Bank of India of the informant. It is further alleged that subsequently, the informant found some transactions through the bank account of the informant.

It is submitted by learned counsel for the petitioner that the petitioner was not associated with the alleged bank. It is further submitted that the thrust of accusation is against Chandra Shekhar Kumar Sinha. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submitted that the accusation is specific against the petitioner.

Considering the fact that the thrust of accusation is against co-accused Chandra Shekhar Kumar Sinha, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court Cr.Misc. No.65123 of 2018(2) dt.12-12-2018 3/3 of the learned ACJM-IV, Begusarai, in connection with Nayagaon P.S. Case No.34 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U