Rajesh Kumar @ Rajesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2214 of 2021 Arising Out of PS. Case No.-358 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== Rajesh Kumar @ Rajesh Kumar Yadav, son of Bindeshwari Rai @ Bindeshwari Yadav, resident of Village - Hariwatika Pokhara, P.S.- Bettiah Muffasil, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 406, 34 of the Indian Penal Code. The prosecution case is that the petitioner has

Patna High Court CR. MISC. No.2214 of 2021(4) dt.30-11-2021 2/3 deposited Rs. 31,00,000/- in his account through cheque issued by the account holder of Uttar Bihar Gramin Bank namely Radha Devi and got Rs. 25,00,000/- transferred in his bank account of ICICI through NEFT. When this fact came into light by the family members of Radha Devi then a petition was filed by Girdhari Lal and Sona Devi and on inquiry, it came to light that Radha Devi was died on 19.04.2020. Therefore, the petitioner fraudulently and dishonestly after death of Radha Devi brought the cheque in her name got transferred in his account.

Perused the F.I.R and the case diary. The petitioner has been named in the F.I.R. There is direct allegation of cheating and forgery against him. He has also got criminal antecedents of eight cases and investigation is going on up till now.

In that view of the matter, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for anticipatory bail of the

Patna High Court CR. MISC. No.2214 of 2021(4) dt.30-11-2021 3/3 petitioner is rejected.

However, if the petitioner surrenders before learned Court below within a period of six weeks from today and prays for regular bail, his prayer for bail shall be considered by the learned Court below without being prejudiced by the order of this Court.

With the aforesaid observation/direction, the application stands disposed off.

(Sunil Kumar Panwar, J) Shageer/- U T