← Library
Patna High CourtCR. MISC./43683/2021dismissed

Vishal Singh v. The State Of Bihar

2022-05-10Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43683 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- DAUDPUR District- Saran ====================================================== 1.

VISHAL SINGH, Son of Shambhunath Singh.

2.

Sangita Devi, Wife of Shambhunath Singh.

Both are resident of Village + P.O. - Bangra, Police Station - Daudpur, District-Saran (Chapra).

... ... Petitioners

Versus

1.

The State of Bihar.

2.

Uttar Bihar Gramin Bank, Head office Sharma Complex, Kalambagh Chowk, Muzaffarpur. (Sponsored By - Central Bank of India), Bihar. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Sachida Nand Rai, Advocate For the State :

Mr. Ram Naresh Ray, APP For the Bank :

Mr. Prabhakar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

Learned counsel for the opposite party no. 2 has produced a copy of the counter affidavit, which is taken on record.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Daudpur P.S. Case No. 28 of 2021 registered for the offence punishable under Sections 420, 406, 467, 468 and 471/34 of the

Patna High Court CR. MISC. No.43683 of 2021(5) dt.10-05-2022 2/3 Indian Penal Code.

It has been submitted by learned counsel for the petitioners that the petitioner no. 2 is the mother and petitioner no.1 is her son and it is the son who is running the Customer Service Centre.

It has been been submitted by learned counsel for the Bank that the petitioners are also accused in Daudpur P.S. Case No. 162 of 2021, Daudpur P.S. Case No. 338 of 2021, Daudpur P.S. Case No. 304 of 2021, Daudpur P.S. Case No. 208 of 2021 and Daudpur P.S. Case No. 34 of 2021. It has also been submitted that only Daudpur P.S. Case No. 34 of 2021 has been mentioned in paragraph no. 3 of this bail petition but other cases have not been mentioned in the said paragraph. Considering the fact that the petitioner no.1 is running the Customer Service Centre and during investigation materials have come to show that the informant has been cheated by the petitioner no.1 and also considering the criminal antecedents, this bail application on behalf of petitioner no.1 is dismissed.

So far as the bail of petitioner no.2 is concerned, the same is allowed considering the fact that though the license of Customer Service Centre was in favour of petitioner no.2 but

Patna High Court CR. MISC. No.43683 of 2021(5) dt.10-05-2022 3/3 she is not running the Customer Service Centre and there is no direct allegation against her and moreover, the petitioner no. 2 is a lady and there is no chance of her absconding. Let the petitioner no.2, above named, in the event of her arrest/surrender within four weeks from today in the Court below, 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 the learned Judicial Magistrate, 1st Class, Chapra, District- Saran, in connection with Daudpur P.S. Case No. 28 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sandeep Kumar, J) pawan/- U T