Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49807 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- ATHMALGOLA District- Patna ====================================================== Vikash Kumar Son Of Ashok Lal Gupta Resident Of Village - Karjan, P.S.- Athmalgola, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 406, 420 of Indian Penal Code.

It is alleged that on the assurance of the petitioner, the informant opened account in Kotak Mahindra Bank and deposited some amount. It is further alleged that the informant gave Rs. 1,25,000/- to the petitioner to deposit the same in the account of the informant. On the inducement of this petitioner it is alleged that informant will get a loan of Rs. 15 lacs. In spite of all these deposits no loan amount was sanctioned and when informant went to Kotak Mahindra Bank, Kankarbagh, Patna he came to know that entire money deposited by the informant has been withdrawn by the petitioner and account balance was zero. Learned counsel appearing for the petitioner submits that the informant himself opened his account in Kotak Mahindra Bank, Kankarbagh, Patna Branch and did several

Patna High Court CR. MISC. No.49807 of 2022(2) dt.15-12-2022 2/2 transactions himself. So far allegation of receiving Rs. 1,25000/- cash from the petitioner is false and concocted. As a matter of fact, this petitioner has transferred Rs. 1,25,000/- to the informant through bank transfer from his account of Axis Bank. It is the informant who has taken a loan of Rs. 2 lacs in lieu of that he has issued three cheques of Rs. 1,98,000/- and two cheques worth Rs. 49,000/- are still in possession of the petitioner because the informant has requested the petitioner not to present the cheque in bank, since there is no amount in the account of the petitioner. Thus, petitioner has not committed any offence. Petitioner has got clean antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Barh, Patna in Athmalgola P. S. Case No. 05 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.