Najeer Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1296 of 2023 Arising Out of PS. Case No.-195 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== Najeer Gaddi Son Of Manib Gaddi Resident Of Village - Siswa Kutti, P.S.- Pujha, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amir Alam For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Bettiah Muffasi P.S. Case No. 195 of 2022 registered for the offences punishable under Sections 420, 406 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Bettiah, West Champaran.

As per prosecution case, the petitioner was posted as Field Assistant in Bharat Financial Inclusion Ltd. and during period of 05th October 2021 to 01st February 2022 had taken Rs. 2,98,447/- from 42 members and had not deposited the said amount in the Bank.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to ulterior

Patna High Court CR. MISC. No.1296 of 2023(2) dt.21-03-2023 2/2 motive. He submits that the petitioner started work in this bank from 28.06.2021 to 04.02.2022 during this period the petitioner has not committed any scam. He further submits that there is no criminal antecedent against the petitioner as mentioned in para 3 of this application.

Learned APP for the State vehemently opposing the bail petition submits that specific overt act has been attributed against the petitioner. Hence, the petitioner does not deserve privilege of anticipatory bail.

Considering the facts and circumstances of case, arguments of the parties, perusal of records and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail.

The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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