Suman Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42498 of 2023 Arising Out of PS. Case No.-599 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== SUMAN KUMAR SAH Son of Sri Vidyanand Sah Resident of Village - Chaura Parwaha, Ward No.- 9, Post - Majhua, P.S.- Forbesganj, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubham Sourav, Advocate :

Mr. Shubham Rai, Advocate :

Mr. Bindhyachal Rai, 0 For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. The learned counsel next submits that the informant (petitioner) of the case is now petitioner before this Court in the present anticipatory bail application, it is further submitted that petitioner who was informant (petitioner) had instituted the instant FIR alleging that due to lack of technical knowledge he sought assistance from

Patna High Court CR. MISC. No.42498 of 2023(2) dt.07-08-2023 2/3 the Branch Manager, namely, Md. Shakil Akhtar for insurance of his nephew's motorcycle on 30.03.2022, thereafter, it is alleged that on advice of Md. Shakil Akhtar the informant (petitioner) provided his UBI portal and ID password to Sanjay Singh, accordingly, the motorcycle of the informant's nephew was insured, it is further alleged that on the same day Sanjay Singh fraudulently insured the vehicles of other persons as named in the FIR by using the UBI portal and ID of the informant (petitioner) causing loss to the Company.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it was at his instance that the instant FIR was instituted but police during course of investigation implicated the petitioner on the ground that it was from his portal and password that the insurance of the vehicle was done, it is further submitted that it was the case of the petitioner that he was not tech savvy, as such, he had sought assistance from Sanjay Singh for getting his nephew's motorcycle insured and Sanjay Singh committed the occurrence, it is also submitted that no prudent person would use his own portal and password for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is further submitted that even the

Patna High Court CR. MISC. No.42498 of 2023(2) dt.07-08-2023 3/3 customers whose vehicles were insured have stated that it was Sanjay Singh who had insured their vehicle, it is next submitted that the National Insurance Company Limited had already canceled all the insurance which was done from the ID of the petitioner.

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

6. 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 is pending/successor court in connection with Forbesganj P.S. Case No. 599 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T