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Patna High CourtCR. MISC./72183/2023dismissed

Sunil Das @ Sunil Kumar Das v. The State Of Bihar

2023-11-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72183 of 2023 Arising Out of PS. Case No.-525 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== Sunil Das @ Sunil Kumar Das Son Of Birendra Ram @ Birendra Kumar Ram Resident Of Village - Jabahi Jagdishpur, P.S. - Brahmpur, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Brahmpur P.S. Case No. 525 of 2019 dated 12.11.2019, registered for the offence punishable u/s 467, 468, 471, 409, 420 & 34 of the IPC , pending in the court of learned C.J.M., Buxar.

3. As per the F.I.R., the informant Kamlakant Singh along with other farmers have taken KCC loan from State Bank of India. The informant further stated that when rule of 40% waiver scheme was introduced by the Government then the Branch Manager of S.B.I. Brahmpur branch, namely, Manindra Kymar Arya and recovery agent, namely, Sunil Das came to the doors of the farmers and told them to avail the benefit of 40% waiver scheme. The informant and others gave money to recovery agent, petitioner in front of Branch Manager. The Branch Manager assured them about the guarantee of the scheme. After inquiry, they found the

Patna High Court CR. MISC. No.72183 of 2023(2) dt.29-11-2023 2/2 amount has not been credited in their bank accounts and the money has been grabbed by the recovery agent.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has been falsely implicated in this case due to previous grudge. The allegations levelled against the petitioner is general and omnibus in nature.

5.Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, the petitioners are directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order on the very date of surrender.

7. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) annpurna/- U T