Bala Bihari @ Laleshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40898 of 2022 Arising Out of PS. Case No.-299 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Bala Bihari @ Laleshwar Kumar Son Of Viro Vind R/O Village- Kusumbha Beldariya Tola, P.S.- Sheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code.

According to the prosecution case, the petitioner collects money from innocent persons via his bank account and gives them Rs. 5,000/- on withdrawal.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that as per

Patna High Court CR. MISC. No.40898 of 2022(3) dt.06-12-2022 2/2 allegation the petitioner has opened 4-5 bank accounts by using the name of the co-accused and kept passbook and ATM Card and hold and operate the same. He further submits that as per allegation the petitioner has paid Rs. 5,000/- to the co-accused on every transaction. He further submits that except the confessional statement of the co-accused person, no cogent material has come during investigation against the petitioner. The learned counsel for the State has vehemently opposed the prayer for bail of the petitioner on the basis of the material available on record as well as case diary and submits that there is sufficient material against the petitioner that he was involved in the present occurrence.

Considering the aforesaid facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Sheikhpura P.S. Case No. 299 of 2022 pending in the court of learned Chief Judicial Magistrate, Sheikhpura. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T