Vivek Vibhuti Saurabh @ Vivek Saurabh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73796 of 2025 Arising Out of PS. Case No.-679 Year-2024 Thana- CHAPRA TOWN District- Saran ====================================================== Vivek Vibhuti Saurabh @ Vivek Saurabh Son of Sanjay Kumar Verma @ R Srivastava Resident Of Village- C- 304, Satyam Apartment, Plot No.88, Sector 19, Kharghar, Reliance Fresh Kharghar, Raigarh PS -Kharghar District -Raigad Maharashtra R/O- (As Alleged in FIR), Mauna Sadha Road, Town thana, Saran bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shekhar Gupta@Shekhar Suman S/o Harishankar Prasad R/o- Mauna Sada Road, Chapra P.S. - Town District - Saran, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rounak Sinha, Advocate For the State :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The notice has been served upon opposite party no. 2.

3. The petitioner apprehends arrest in connection with Town P.S. Case No. 679 of 2024 instituted under Sections 126(2), 115(2), 316(2), 318(4), 324(4), 352 and 351(2) of the Bharatiya Nyaya Sanhita.

4. The petitioner is alleged to have cheated the informant of Rs. 4 lakhs.

5. The present application is not maintainable in light

Patna High Court CR. MISC. No.73796 of 2025(3) dt.12-03-2026 2/2 of the judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.

6. The Court below has granted same relief to the petitioner and directed to police to consider the case of the petitioner in light of the judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.

7. This application is held to be not maintainable and the same is dismissed.

(Sandeep Kumar, J) P. Kumar U T