Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35372 of 2020 Arising Out of PS. Case No.-327 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== Chandan Kumar, Son of Raju Ram, R/o Village-Masarh, P.S.-Udwantnagar, District-Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Umeshanand Pandit, Adv.

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-05-2021 Nobody appears on behalf of the petitioner.

Mr. Umeshanand Pandit, learned counsel for the informant as well as Md. Nazir Ansari, learned APP for the State are present.

The petitioner seeks bail in anticipation of his arrest in connection with Ara Nawada P.S. Case No. 327 of 2019 instituted for the offences under Sections 406 and 420 of the Indian Penal Code.

The petitioner is the nephew of the informant, who is alleged to have misused her mobile telephone for withdrawing the pension amount from her bank account. On 24.03.2021, this Court had called for the

Patna High Court CR. MISC. No.35372 of 2020(3) dt.21-05-2021 2/2 case-diary and had granted provisional anticipatory bail to the petitioner.

The records reveal that but for the statement made by the informant in the F.I.R., there is no other corresponding evidence to connect the petitioner with the offence. There is no proof regarding the petitioner having misused the mobile telephone of the informant for withdrawing her pension from her bank account. It further appears from the bail application that the petitioner's mother and the informant are own sisters and are not on good terms. The possibility of the petitioner being falsely implicated at the instance of her aunt on the basis of suspicion cannot be ruled out.

Considering these aspects of the matter, the provisional anticipatory bail granted to the petitioner is, hereby, confirmed. He shall remain on the same bail-bonds. The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T