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Patna High CourtCR. MISC./47520/2016rejected

Rana Gaurav Singh @ Dhinua v. The State Of Bihar

2016-12-16Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47520 of 2016 Arising Out of PS.Case No. -94 Year- 2015 Thana -KOTWALI District- MUNGER ======================================================

1. Rana Gaurav Singh @ Dhinua Son of Parmanand Singh, resident of Vindvara Begampur, P.S.:- Kasim Bazar, District:- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-12-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks anticipatory bail in connection with Kotwali P.S. Case No. 94 of 2015 registered for the offences punishable under Sections 420 and 471 of the Indian Penal Code.

Allegedly, Kishan Suchna and Salah Kendra Ghoswani has account in bank of Barodah, which is being operated by the combined signature of President and others. It has come to the notice that an amount of Rs. 15,55,500/- has been paid to one Ranjeet Singh bearing cheque No. 565097 and during investigation, it transpired that photo of the petitioner was affixed in the account in which the money has been

Patna High Court Cr.Misc. No.47520 of 2016 (2) dt.16-12-2016 2/3 credited.

Submission is of false implication and that the photo of the petitioner was misused, he has got no concerned with that account or the amount which has been credited, one Pradeep Jha has contacted the elder brother of the petitioner and assured for getting a loan sanctioned in favour of the petitioner and in that course taken four passport size photographs and educational certificates as well Rs. 35,000/- as an advance in the presence of witnesses and in good faith the petitioner has handed over the money and photographs to him and it appears that the photographs of the petitioner have been misused in opening the account. The brother of the petitioner was arrested and he after release has filed a complaint case bearing Complaint Case No. 603(C) of 2016, the petitioner has no intention to receive the amount through fake cheque, he would not have affixed his photograph in the account which is in the name of Ranjit Singh and as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, as seen that the photograph of this petitioner was affixed in the account in which the money has been credited and, as such, I am not

Patna High Court Cr.Misc. No.47520 of 2016 (2) dt.16-12-2016 3/3 inclined to grant privilege of pre-arrest bail to him and accordingly, his such prayer stands rejected in connection with Kotwali P.S. Case No. 94 of 2015 pending in the court of learned Chief Judicial Magistrate, Munger.

However, in case and if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by the order of this Court. (Jitendra Mohan Sharma, J) ajaypd./- U T