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Patna High CourtCR. MISC./22224/2023dismissed

Vikash Kumar v. The State Of Bihar

2023-07-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22224 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- SIWAN CITY District- Siwan ====================================================== VIKASH KUMAR S/O ARJUN RAM R/O Village- Hasanpurwa, Bhediyari Tola, P.S- Siwan Muffasil, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Siwan Town P.S. Case No. 02 of 2023 registered for the offences punishable under Sections 420, 406 and 34 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Siwan.

As per the prosecution case, the petitioner along with other accused persons committed embezzlement of Rs. 16,31,500/- from the ATM.

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. There is no specific overt act against the petitioner. He submits that neither

Patna High Court CR. MISC. No.22224 of 2023(3) dt.03-07-2023 2/2 the informant has produced before the authorities concerned with regard to the withdrawal of cash and deposit the same in between the said period nor show caused asked from the accused persons. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner is involved in the present case.

Considering the facts and circumstances of case, 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