Om Prakash Kumar @ Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56766 of 2022 Arising Out of PS. Case No.-273 Year-2014 Thana- SHEKHPURA District- Sheikhpura ====================================================== OM PRAKASH KUMAR @ OM PRAKASH Son of Late Ramashish Singh Resident of Village - Sagma, P.S.- Chandradeep, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 467, 468, 471, 419, 420, 379, 120(B)/34 of the IPC.

Allegedly, petitioner is said to be member of an organized gang involved in committing fraud by alluring innocent persons. They lured the victims by assuring them award of golden biscuits, vehicles, cash etc.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. His name has been transpired in this case only on the basis of confessional statement of co-accused person. There is general and omnibus

Patna High Court CR. MISC. No.56766 of 2022(2) dt.21-12-2022 2/2 allegation against the petitioner. Petitioner is neither arrested on spot nor any incriminating articles have recovered from his possession. Petitioner has himself been duped by one Vicky Kumar who had taken educational testimonials of petitioner including Account number of his S.B.I. Account in name of getting him employed in Private Company and petitioner in good faith gave him all the documents. From perusal of record, it transpires that petitioner has provided his account bearing S.BI. Account number 32346153468 for collection of the amount deposited by victim by alluring to win award by identifying the face. Similarly situated co-accused has been granted bail in Cr. Misc. No. 46650 of 2016. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail and has submitted that petitioner is member of an organized gang involved in committing fraud by alluring innocent persons. Having regard to the facts and circumstances of the case, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) divyanshi/- U T