Sumit Kumar Vishwas @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36361 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- AMAUR District- Purnia ====================================================== Sumit Kumar Vishwas @ Sumit Kumar S/O Sri Ashok Vishwas R/O Village. Baraidgah, Milki, Ps. Kasba, Dist. Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Md. Ataur Rahman Mr. Rajnikant Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Amour P.S. Case No. 105 of 2023 registered for the offences punishable under Sections 417, 419, 420, 465, 467, 468, 471, 472, 473, 474 and 120(B) of the Indian Penal Code pending in the Court of learned Judicial Magistrate, 1st Class, Purnea.

3. As per the prosecution case, when the informant along with other police personnel were checking vehicle, the informant saw the motorcycle riders, who were coming from Bankora and the said persons tried to flee away from there but the informant succeeded to apprehend one person. The apprehended person disclosed that they used to download the

Patna High Court CR. MISC. No.36361 of 2023(4) dt.30-10-2023 2/3 sale deed of other States. Thereafter, from the sale deed, they obtain the finger prints and Aadhar numbers and by making duplicate finger print they used to withdraw the amount from the account.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no incriminating article has been recovered from conscious possession of the petitioner. He further submits that the petitioner is not named in the F.I.R., his name has been transpired in the present case only on the basis of confessional statement of co-accused. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is also involved in the present case. He also relied upon the judgment of the Hon'ble Apex Court in the case of Indresh Kumar vs. The State of UP & Anr. (Criminal Appeal No. 938 of 2022), whereby the Court has held that 'Statements under Section 161 of the Cr.P.C. may not be admissible in evidence, but are relevant in considering the prima facie case against an accused

Patna High Court CR. MISC. No.36361 of 2023(4) dt.30-10-2023 3/3 in an application for grant of bail in case of grave offence'.

6. Considering the facts and circumstances of case and the judgment of Indresh Kumar (supra), I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) anand/- U T