Raju Das @ Rajesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30530 of 2024 Arising Out of PS. Case No.-651 Year-2023 Thana- BANKA District- Banka ====================================================== Raju Das @ Rajesh Das S/o- Late Parmehwar Das Village- Launi PS- Barahat Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Banka P.S. Case No.651 of 2023 instituted under Sections 420, 379 and 120B of the Indian Penal Code.

3. It is alleged that the petitioner along with other coaccused Awadesh Das got opened the account of the informant in HDFC Bank on the assurance of getting loan of Rs.1,00,000/- and took pass-book, cheque book, ATM card, Pan Card, Aadhar Card etc. of the informant. It is further alleged that the petitioner along with other accused fraudulently withdrew the amount from the account of the informant and refused to return the passbook, cheque-book, ATM Card, Pan Card, Aadhar Card etc. of the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.30530 of 2024(2) dt.21-05-2024 2/2 petitioner is innocent and has falsely been implicated in this case. He further submits that it is improbable and unbelievable story of the informant that he has given pass-book, chequebook, ATM cards, Aadhar card to the other persons. Nothing has been recovered from the house of the petitioner. Petitioner has no concern with the co-accused Awadhesh Das. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka/Court concerned Banka in connection with Banka P.S. Case No.651 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T