Om Prakash Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41617 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- PIRO District- Bhojpur ====================================================== OM PRAKASH RAI S/o Chandra Bhushan Rai R/o village- Jamuaon, P.S.- Piro, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2022 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 419 and 420 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he has two brothers namely Arjun and Chandra Bhushan, further Shanti is wife of Chandra Bhushan, it is next alleged that his nephew Om Prakash and his mother Shanti withdrew pension of his father amounting to Rs. 3.5 Lakhs till 5.11.2021 and Rs. 65,000/- after the death of his father on 23.03.2021.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.41617 of 2022(2) dt.12-12-2022 2/3 petitioner has been falsely implicated in the present case, it is next submitted that it was the informant who had withdrawn the amount and when the same came to the notice of the bank, the informant deposited the same as would be evident from specific pleading made at para 12 of the anticipatory bail application. It is also submitted that Shanti, mother of the petitioner, also instituted Piro P.S. Case No. 40 of 2022 against the informant for his alleged misdeeds and thereafter, the informant in order to coerce the petitioner into submission instituted the present false case, it is also submitted that petitioner will not evade the law and will cooperate in the investigation and will present himself as and when required by the Investigating Officer for arriving at the truth.
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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case
Patna High Court CR. MISC. No.41617 of 2022(2) dt.12-12-2022 3/3 is pending/successor court in connection with Piro P.S. Case No. 41 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T