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Patna High CourtCR. MISC./51731/2023dismissed

Vijay Kumar Sinha @ Bijay Kumar Sinha v. The State Of Bihar

2025-04-28Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51731 of 2023 Arising Out of PS. Case No.-777 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== 1.

VIJAY KUMAR SINHA @ BIJAY KUMAR SINHA Son of Late Narendra Prasad Resident of village - Thakurganj (Near Power House, In the house of S.B.I.), P.S. - Thakurganj, Distt. - Kishanganj A/P 69/C Opposite Church, P.S. - Bala Nagar, Distt. - Hyderabad (Telangana) 2.

Anjana Sharan Wife of Vijay Kumar Sinha Resident of village - Thakurganj (Near Power House, In the house of S.B.I.), P.S. - Thakurganj, Distt. - Kishanganj A/P 69/C Opposite Church, Bala Nagar, Hyderabad (Telangana) 3.

Atul Sauraw @ Chandan Son of Vijay Kumar Sinha Resident of village - Thakurganj (Near Power House, In the house of S.B.I.), P.S. - Thakurganj, Distt. - Kishanganj, A/P Atul Saurav @ Chandan, New Delhi, ICICI Bank Limited, D.C.M. Plaza, Central Square, Manoharlal Churana Marg, Bara Hindu Rao, P.S. - Chawri Bazar, Dist. New -Delhi ... ... Petitioners

Versus

1.

The State of Bihar 2.

Chandra Mohan Kumar Son of Balram Prasad Verma Resident of Bankers Colony, Banu Chhapar, ward no. 2, P.S. - Banu Chhapar O.P., Distt. - West Champaran (Bettiah) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, A.P.P.

Mr. Ratnesh Kr.Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2025 Heard learned counsel for the petitioners, the State and the informant.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code and sections 138 and 141 of the NI Act.

3. As per the prosecution case, petitioners, on the pretext of providing job in the Steel Plant, collected Rs.5 lacs each from informant and 35 other persons along with their bio

Patna High Court CR. MISC. No.51731 of 2023(11) dt.28-04-2025 2/3 data, Aadhar Card, PAN Card and thumb impression and signature. Thereafter, petitioners generated forged and fabricated training certificates and issued them to the informant and 35/37 other persons for different posts.

4. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioners and informant are close relatives. No such occurrence ever took place, rather informant and his relatives have filed false case to extort money from these petitioners. Petitioner claims clean antecedent.

5. Learned counsel for the State and opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that petitioners had not only cheated Rs.5 lakhs each from the informant and other victims rather they misused documents such as educational qualification, Aadhar card, PAN card for opening various saving accounts and taken loan from the banks in Hyderabad and made purchased from the said account. Petitioners have opened saving accounts in the name of informant & other victims in the Bank of Baroda, 69C, Opposite Church, near SBI Bala Nagar Branch, Mahbubnagar Telengana-509202 & other non banking institution.

Further, they had purchased I-phone and Air-conditioner for which the informant had made complaint on Bank of Baroda portal as well as IT cell of the police after coming to known from his civil account. Further, Petitioners had taken personal loan of Rs.6,29,964/- in the name of Mr. Rohit Raj, one of victims from Fullerton India, Hyderabad, which was repaid by the Petitioners. Copies of cyber complaint and loan repayment letter dated 20.08.2019 are enclosed herewith and marked as Annexure-R2/5 & R-2/6 to this affidavit.

Patna High Court CR. MISC. No.51731 of 2023(11) dt.28-04-2025 3/3 petitioners were discovered by the informant and other victims as one of such victims' relative was working in the Bank of Baroda, who informed that the petitioner no.1 is operating the Account no. 519202000000100, Bank of Baroda, 69C, opposite Church, Near SBI, Bala Nagar, Mahbubnagar, Telengana509202 in the name of SAIL TRAINING. It is further alleged that the Informant and others started demanding amount paid to the petitioners and the petitioners made part payments to some victims in order to pacify them and therefore such victims did not file FIR against the petitioners.

6. Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T