Vikrant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45870 of 2024 Arising Out of PS. Case No.-228 Year-2018 Thana- KOTWALI District- Munger ====================================================== Vikrant Kumar, son of Santosh Kumar Sahani @ Santosh Kumar Sahni, resident of Mohalla -Chaukhandi, Ward No. 6, P.S.- Basudeopur, Dist. -Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 467, 468, 471, 420 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and at the time of occurrence, he was Sales Officer in Bandhan Bank, presently the petitioner is Area Sales Manager working with ICICI Bank, Patna. It is next submitted that from bare reading of the F.I.R, it would manifest that prima facie no offence is made out against the petitioner. It is next submitted that in sum and substance the allegation as alleged in the F.I.R. by the informant is that he

Patna High Court CR. MISC. No.45870 of 2024(2) dt.18-07-2024 2/3 received a cheque as detailed in the F.I.R., accordingly, he went to the Bank with the cheque to enquire when he came to know that an account has been opened in his name in the Bank. It is next submitted that thereafter the instant F.I.R. came to be instituted that a fake account in name of the informant has been opened in the Bank.

4. The learned counsel for the petitioner submits that informant, at the relevant time, when the alleged occurrence is said to have taken place was working with an NGO and the Bank had opened the account of the members of the NGO including that of the informant. It is also submitted that the Aadhar Card and the relevant documents required for opening the bank account of the petitioner is with the bank, which amply demonstrates that the account was not fake. It is next submitted that even presuming what has been alleged is true without admitting, then there is no allegation of any defalcation.

5. Learned A.P.P. opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail

Patna High Court CR. MISC. No.45870 of 2024(2) dt.18-07-2024 3/3 on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Kotwali P. S. Case No.228 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T