Kundan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35456 of 2024 Arising Out of PS. Case No.-143 Year-2022 Thana- VIJAYEPUR District- Gopalganj ====================================================== 1.

Kundan Pandey Son Of Subhash Pandey Village -Vijayipur Ps -Vijayipur Distt -Gopalganj 2.

Kushal Pandey Son Of Subhash Pandey Village -Vijayipur Ps -Vijayipur Distt -Gopalganj 3.

Sudhakar Tiwari @ Sudhakar Pandey Son Of Vinod Tiwari Village -Vijayipur Ps -Vijayipur Distt -Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurabh Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Vijayipur P.S. Case no. 143 of 2022 instituted for the offence under Sections 406, 409, 419, 420, 120B, 379/34 of the Indian Penal Code.

As per allegation in the FIR, the petitioners along with co-accused persons involved in withdrawal of 9 to 10 crores rupees as a loan in the name of several women of a self-help group. It is alleged that by using swipe machine and taking thumb impression of the women, they committed forgery in

Patna High Court CR. MISC. No.35456 of 2024(3) dt.09-07-2024 2/3 collusion with bank officials.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case as they are brothers of the main co-accused Mithilesh Pandey. The petitioners are neither employed with any concerned bank nor they involved in any transaction of money. There is also no any documentary evidence has brought on record against the petitioners. It is further submitted vide para 10 of the petition that the case has been compromise between the parties. The petitioners have got no criminal antecedents. Moreover, coaccused Mithilesh Pandey, who is main accused, has already been enlarged on regular bail by court below. Learned APP appearing for the state has opposed the prayer of bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Vijaipur P.S. Case no. 143 of 2022, they will be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.35456 of 2024(3) dt.09-07-2024 3/3 Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T