Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1850 of 2022 Arising Out of PS. Case No.-99 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== SUJIT KUMAR Son of Rajdeo Bhagat Resident of Village- Bakatpur, P.S.- Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406/420/34 of the Indian Penal Code.

The allegation against the petitioner is of illegal withdrawal of money from the account of the informant. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.1850 of 2022(2) dt.27-07-2022 2/3 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the informant has deposited Rs.50,000/- in the Branch on 04.12.2018 and on that time, the C.S.P. branch was not run by the petitioner. It has come in the impugned order that the said Branch was conducted by Vikash Kumar and on account of his failure, the said C.S.P. Code was transferred in the name of the petitioner on 28.01.2019 (Annexure-2 to this application). Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the petitioner was not conducting the C.S.P. branch on the alleged date, let him be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.1850 of 2022(2) dt.27-07-2022 3/3 connection with Karja P.S. Case No.99/2019 (G.R. No.2256/2019), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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