Narendra Kumar Singh @ Narendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53901 of 2024 Arising Out of PS. Case No.-1655 Year-2023 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Narendra Kumar Singh @ Narendra Kumar Sonof Late Tapeshwar Prasad Singh R/V- Baranti, P.S.- Rajapakar, Distt.- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pravin Kumar Singh Son Of Alte Sanjay Kumar Singh R/V- Baranti, P.S.- Rajapakar, Distt.- Vaishali At Present Ramgarh Road, Awatar Singh Enclav, Sahnewal, P.S.- Sahvewal, Distt.- Ludhaiana (PUNJAB) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Complaint Case No. 1655 of 2023, instituted for the offence punishable under Sections 406, 420/34 of the Indian Penal Code.
3. The prosecution case, in short, is that the named accused-person Pappu Kumar Singh @ Pramod Singh (the Proprietor) and the petitioner both came to the Complainant and on their belief & assurance the Complainant opened two accounts in Samiti and deposited amount of Rs. 2,50,000/- in Account No. 292-80 dated 11-06-2013 and amount of Rs.
Patna High Court CR. MISC. No.53901 of 2024(2) dt.28-08-2024 2/3 2,00,000/- in Account No. 320-113 dated 16-01-2014 i.e., total amount of Rs. 4,50,000/-. The Complainant further stated that he was not permitted to withdraw his deposited amount & accredit benefits of the account. Later on 18-06-2023, when the Complainant went to demand his deposited money from the accused person including the petitioner, then they denied to give any penny and threatened him of dire consequence and also slapped him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the main allegation is against one coaccused Pappu Kumar Singh @ Pramod Singh, who is Manager of co-operative society. It is submitted that it is apparent from solemn affirmation of the complainant that Pramod Singh is Manager of the said cooperative society. He has also stated in his solemn affirmation that he has filed case against Pramod Singh. It is specifically stated that he deposited money amounting to Rs. 2.5 lacs in the year 2013 and Rs. 2 lacs in the year 2014 in monthly income scheme. The said money was handed over to Pramod Singh. It is submitted that nowhere in the complaint or solemn affirmation it is mentioned that petitioner received any single penny from the complainant. The
Patna High Court CR. MISC. No.53901 of 2024(2) dt.28-08-2024 3/3 said Pramod Singh is co-villager of the petitioner and he was working in the office of cooperative society of Pappu Kumar Singh @ Pramod Singh. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Complaint Case No. 1655 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII, Vaishali at Hajipur, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T