Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71610 of 2022 Arising Out of PS. Case No.-190 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== JITENDRA PASWAN S/O Sadhu Paswan R/O Village- Charaiya Khutha, Baij Nath, P.S- Bhargama, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 Heard both sides.

The petitioner apprehends his arrest in connection with K. Hat (Sahayak) P.S. Case No.190 of 2019, registered for the offences punishable under Sections 419, 420 and 379 of the Indian Penal Code.

Prosecution story is that the informant had gone to withdraw Rs.20,000/- in the meantime, one person standing behind him changed his ATM Card and later on he came to know that Rs.16,500/- and Rs.23,500/- has been withdrawn from his account and when he bring out the statement of his account, it appears that Rs.16,500/- has been transferred in the account of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no

Patna High Court CR. MISC. No.71610 of 2022(2) dt.02-02-2023 2/2 criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that similarly situated coaccused, Meera Devi @ Mira Devi has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 21.08.2019, passed in Cr. Misc. No.52111 of 2019. It is also submitted that the petitioner is ready to return Rs.16,500/- to the informant within a period of four weeks from today. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Considering the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with K. Hat (Sahayak) P.S. Case No.190 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T