Arpan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46229 of 2018 Arising Out of PS.Case No. -228 Year- 2018 Thana -KOTWALI District- MUNGER ====================================================== Arpan Kumar, Son of Late Daya Nandan Prasad @ Dayanand Prasad @ Dayanand Barnwal, resident of Mohalla- Madhopur, P.S.- Kotwali (Basudeopur), District- Munger. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Jagjit Roshan For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kotwali (Basudeopur) P.S. Case No. 228 of 2018 registered under Sections 467, 468, 471, 420 and 34 of the Indian Penal Code.

Petitioner is said to have opened and operated the bank account in Bandhan Bank in the name of the informant without his knowledge of which he got knowledge only on receiving a cheque from the bank.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged took place. He has no concern with the aforesaid occurrence. As a matter of fact and as also evident from the case diary the account opening form contains the Aadhar Card, photograph and signature of the informant.

Patna High Court Cr.Misc. No.46229 of 2018 (4) dt.06-10-2018 2/ 2 Moreover, at the time of opening the account in the bank the details mentioned in the account opening form is verified by the bank and after satisfaction the account is opened by the bank which also rules out the aforesaid case of the prosecution. It is further submitted that the petitioner happens to be the Secretary of the Daya Society and informant has entered into an agreement for the construction of the toilet for the said society for which he was also provided money but he did not fulfill the aforesaid agreement and for mounting pressure by the petitioner he has lodged this false and frivolous case by opening the account giving mobile number of the petitioner subsequent to the aforesaid agreement. The petitioner has been languishing in custody since 30.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Kotwali (Basudeopur) P.S. Case No. 228 of 2018, G. R. No. 1857 of 2018.

Trivedi/- (Prakash Chandra Jaiswal, J) U T