Awadhesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16024 of 2016 Arising Out of PS.Case No. -149 Year- 2015 Thana -JANKINAGAR District- PURNIA ====================================================== Awadhesh Kumar Singh, S/o Late Kamleshwari Prasad Singh, R/o Vill.- Balutal, P.S. - Barahra Kothi, Dist.- Purnea .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate. For the Opposite Party/s : Mr. T.P. Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2016 Heard both sides.
The petitioner apprehends his arrest in Janki Nagar P.S. Case No. 149/15 registered under Sections 406, 409, 420, 467, 468, 471, 120(B) of the Indian Penal Code. On the basis of enquiry report of Deputy Director, Panchayat Raj, Purnea Division, Purnea, the enquiry officer found that the petitioner identified Vimla Devi wife of Achchelal Mandal, Chet Narayan Sah, Ram Bahadur Sah, Anita Devi, Savita Devi and others and money was withdrawn in their names. It transpired that there is no Vimla Devi wife of Achchelal Mandal. Vimla Devi is the wife of Maheshwari Mandal. Similarly, in the file concerning Chet Narayan Sah, Scheme No. 177/10-11, the photograph of Ashok Sah was pasted at the top. It appears that in almost all the schemes, the petitioner identified wrong persons and
Patna High Court Cr.Misc. No.16024 of 2016 (3) dt.30-06-2016 2/2 withdrew money. It is submitted that none of the witnesses have disclosed the name of petitioner but from the enquiry report itself it appears that it was the petitioner who identified fake persons and, on such, huge amount was withdrawn in the name of different persons.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Janki Nagar P.S. Case No. 149/15. Accordingly, the same is rejected. If the petitioner surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from this order.
(Prabhat Kumar Jha, J) Dilip/- U T