Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37868 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -BELAGANJ District- GAYA ====================================================== Vinay Kumar Son of Surendra Kumar Resident of Village- Lodipur Neuri, P.S.- Belaganj, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Firoz, son of Subedar Alam, resident of vill.-Pach Mahla, P.S.- Belaganj, Distt. Gaya.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 406, 420, 468, 469, 504 and 506 of the Indian Penal Code.

Allegation against petitioner is that he established Commercial Co-operative Society in which members used to deposit money. When the members demanded from the accused to return their money, they were threatened and their money was not returned.

It is submitted on behalf of the petitioner that he has falsely been implicated in the present case. There is no allegation of tampering of witnesses against petitioner. He has been made accused due to mistake of fact. There is no documentary evidence to support the allegation made in the F.I.R.

On behalf of the State and the informant, it is submitted that petitioner is named in the F.I.R. and mass scale bundling has

Patna High Court Cr.Misc. No.37868 of 2016 (4) dt.13-12-2016 2/2 been made by way of cheat fund where a large number of depositors has been put to a wrongful loss.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner, same is rejected.

Any how, if petitioner surrenders in the court below i.e., learned A.C.J.M.-III, Gaya, in connection with Belaganj P. S. Case no. 70 of 2016 within a period of six weeks and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) sudip/- U T