Md. Ajij v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39160 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -BANKA District- BANKA ====================================================== Md. Ajij Son of Md. Taslim Resident of village- Kharhara, P.S.- Barahat, District- Banka .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf o the State.

Petitioner apprehends his arrest in connection with Banka P.S. Case No.40 of 2017, registered under Sections 420/467/468/471/120(B)/34 of the Indian Penal Code. Allegation in brief is that this petitioner in connivance with one another accused, the Branch Manager of the M/s Kabya Automobile, Banka got the auto rickshaw and the same was delivered by the Branch Manager, another co-accused and there was no any delivery order issued by Union Bank of India from which the petitioner has got the loan sanctioned. Learned counsel for the petitioner submits that the petitioner is an illiterate person and it was Kundan Kumar Singh, the Branch Manager, who has committed the alleged offence and

Patna High Court Cr.Misc. No.39160 of 2017 (2) dt.19-08-2017 2 / 2 this petitioner is not involved in it whereas the learned counsel for the State submits that the petitioner is the beneficiary and no loan amount was sanctioned but forged document was produced. Having considered the said facts and circumstances, the prayer of anticipatory bail of the petitioner stands rejected in connection with Banka P.S. Case No.40 of 2017, pending in the court of the learned Chief Judicial Magistrate, Banka. However, if the petitioner surrenders and seeks regular bail, the same shall be considered on merit without being prejudiced by this order. (Arun Kumar, J.) S.Kumar/- U T