Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69929 of 2022 Arising Out of PS. Case No.-103 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== KRISHNA KUMAR S/O BALMIKI PRASAD YADAV Resident of villageWard No- 33, R.M.S. Colony, Lohiyanagar, Patna, Kankarbagh, in the district of Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dwivedy Surendra, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard the parties.

Petitioner apprehends his arrest in connection with Shastri Nagar P.S. Case No.103 of 2022, registered for the offence punishable u/s 417, 418, 419, 420, 467, 468, 120(B) of the IPC and sections 66(c)/ 66(d) of I.T. Act.

Allegedly, all F.I.R. named accused persons including the petitioner in connivance with each other opened account no.1001368259 by using the Aadhar card and PAN card of the informant and withdrew Rs.9,80,540/- illegally. 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 with ulterior motive. He is not named in the F.I.R. and during investigation one coaccused was apprehended by the police namely Anjali Sharma, who confessed before the police that petitioner is also involved

Patna High Court CR. MISC. No.69929 of 2022(2) dt.30-01-2023 2/2 in the alleged occurrence. Later on, she written a letter to the ACJM-IVth, Patna on 22.06.2022 stating therein that she has not made any confessional statement before the police rather police has obtained her signature on two blank papers after torturing her. It is further submitted that the said blank signed paper was used to implicate the petitioner. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for bail and submits that petitioner is also involved in the present case and submitted that co-accused Anjali Sharma has cheated the informant by opening account in the name of informant by impersonating her and the same was used by the petitioner to operate fraudulently in the name of informant. Having regard to the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

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