Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70302 of 2018 Arising Out of PS. Case No.-163 Year-2018 Thana- BARAULI District- Gopalganj ====================================================== Vivek Kumar Son of Prabhu Nath Sah, Resident of Village-Bhagwatipur, P.S. Barauli, District-Gopalganj.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Roy For the Opposite Party/s :
Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 420, 406, 467, 468, 471/34 of the Indian Penal Code.
Allegation against the petitioner is that he committed fraud by depositing amount of Rs.4,75,000/- in his account through cheque.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It has further been submitted on behalf of the petitioner that the entire fraud was made by his roommate, namely, Vikash Kumar. The
Patna High Court Cr.Misc. No.70302 of 2018(3) dt.04-02-2019 2/2 amount in question, which was withdrawn, has already been deposited. Hence, no wrongful loss has been caused. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XIVth, Gopalganj in connection with Barauli P.S. case No.163 of 2018 corresponding to G.R. No.2986 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T