Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38472 of 2022 Arising Out of PS. Case No.-220 Year-2021 Thana- SARMERA District- Nalanda ====================================================== VIKASH KUMAR Son of Sharwan Raut Resident of village- Chero, P.s.- Sarmera, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indu Bhushan, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379 and 420 of the Indian Penal Code.

The informant alleges that petitioner by forging his signature withdrew Rs. 2,00,000/- from his bank account. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that petitioner received message with regard to withdrawal of the said amount on 01.11.2021 but he instituted the present case on 21.11.2021 that is after a delay of 20 days without any plausible explanation, it is next submitted that the falsity of the allegation

Patna High Court CR. MISC. No.38472 of 2022(2) dt.05-12-2022 2/2 also manifest from the fact that no prudent person who would want to indulge in such activity would receive the payment in his own account that thus create evidence against himself, it is further submitted that informant had issued the said cheque in favour of the petitioner and as such, the account payee cheque, the said amount came in his account.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sarmera P.S. Case No. 220 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T