Patna High CourtCR. MISC./36183/2016rejected

Sanjay Kumar Singh v. The State Of Bihar

2016-09-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36183 of 2016 Arising Out of PS.Case No. -396 Year- 2016 Thana -KATIHAR District- KATIHAR ======================================================

1. Sanjay Kumar Singh S/o Suraj Singh, R/o Village- Agrail, P.S. Baligaon, Distt. Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Sri B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2016 Heard both sides.

The petitioner apprehends his arrest in Katihar Town P.S. Case No. 396 of 2016, registered for the offences punishable under Sections 420, 467, 468, 469 and 471 of the Indian Penal Code.

The Branch Manager of Andhra Bank, Katihar Branch alleged that on 13.06.2016 two persons namely, Aditya Kumar, son of Sudama Lal Saha and Abhinav Kumar, son of Ram Sharan Saha came to withdraw the money from their accounts but their accounts were blocked due to return of the application of KYC. The accused persons Abhinav Kumar and Aditya Kumar did not fill up the KYC (Know Your Customer) form. When ID proof was demanded from the accused persons both the account holders started to flee away. Aditya Kumar was apprehended but

Patna High Court Cr.Misc. No.36183 of 2016 (3) dt.30-09-2016 2/2 Abhinav Kumar managed to flee away. Aditya Kumar disclosed his name as Ashwani Kumar and he disclosed the name of his friend Sanjay Kumar Singh who was impersonating as Abhinav Kumar and opened account in the Bank. Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot. The apprehended accused implicated the petitioner due to village politics. Nothing has been recovered from the possession of the petitioner. It appears that the petitioner impersonated himself as Abhinav Kumar and got an account opened in the Andhra Bank for committing some fraud.

Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders before the court below within four weeks from the date of receipt/production of a copy of this order and prays for regular bail, his prayer shall be considered taking in to consideration that Ashwani Kumar @ Aditya Kumar has already been granted regular bail.

(Prabhat Kumar Jha, J.) Rakhi U T