Pravin Kumar @ Pravind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62360 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- PARSAUNI District- Sitamarhi ====================================================== PRAVIN KUMAR @ PRAVIND KUMAR Son of Tejnarayan Sah R/VSundargama (Parshurampur), P.S.- Parsauni, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Parsuni P.S. Case No. 36 of 2022 registered for the offences punishable under Sections 406, 420 and 120(B) of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Jamui.

As per prosecution case, on instigation of this petitioner the informant opened her account in CSP Centre of Shatrudhan Sah, but subsequently after taking Aadhar Card, LTI, the petitioner along with co-accused, on different dates fraudulently withdrew a sum of Rs. 55,000/- from her account. It is further alleged that the petitioner along with co-accused has fraudulently withdrew money from the bank account of several

Patna High Court CR. MISC. No.62360 of 2022(2) dt.23-02-2023 2/3 other persons.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that it is clearly stated that on instigation of the petitioner, the informant opened account of CSP owner namely Shatrudhan Sah. He submits that the petitioner does not run any CSP Centre. Petitioner has got one criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for bail and submits that the petitioner fraudulently withdrew the money from the CSP account of the informant and other customers in collusion with the CSP owner Shatrudhan Sah, who has criminal antecedent of similar nature. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without

Patna High Court CR. MISC. No.62360 of 2022(2) dt.23-02-2023 3/3 being prejudiced by this order.

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