Subhash Kumar Roy @ Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73060 of 2022 Arising Out of PS. Case No.-209 Year-2022 Thana- PARAIYA District- Gaya ====================================================== SUBHASH KUMAR ROY @ SANJAY YADAV SON OF LATE RAM LAKHAN SINGH YADAV @ LATE RAM LAKHAN SINGH R/O VILLAGE- LAKSHAN BIGHA, P.S.- PARAIYA, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar, Adv.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406, 34 of the Indian Penal Code.

Allegedly, petitioner is said to have misused the cheque book and ATM Card of the informant and also taken her signature on a blank paper.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. It is further alleged that the petitioner

Patna High Court CR. MISC. No.73060 of 2022(6) dt.24-04-2023 2/2 helped the informant in opening of Bank Account. After opening the Bank Account, petitioner had handed over the Pass Book and ATM Card to the informant but time to time, the informant used to entrust the pass book and ATM Card to petitioner for withdrawal purpose and verification of pass book from Bank. It is further submitted that all transaction was happened in 9 years but in that period, informant has not alleged any allegation but after 9 years, all of a sudden, a case has been registered against him. It is further submitted that an agreement paper was signed by both the parties in presence of the witnesses through which all the transaction has been cleared by the petitioner as mentioned in Annexure-2.

Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the state opposed the prayer for bail. Considering the facts and circumstances of case and nature of the offence, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.