Domar Bishwas @ Domar Kumar Bishwas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82032 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- AMAUR District- Purnia ====================================================== DOMAR BISHWAS @ DOMAR KUMAR BISHWAS SON OF SURYA NAND BISHWAS R/O VILLAGE- CHAPRAILI, P.S.- AMOUR, DIST.- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Amour P.S. Case No. 105 of 2023 registered for the offences punishable under Sections 417, 419, 420, 465, 467, 468, 471, 472, 473, 474, 120B of the Indian Penal Code.

3. Allegedly, petitioner along with other accused persons is said to have been involved in an organized gang, which is engaged in committing fraud by obtaining the finger prints and Aadhar numbers from the sale deed and used to withdraw the amount from the account. It is further alleged that on search, a laptop, fingerprint scanner and rubber fingerprints have been recovered from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.82032 of 2023(2) dt.04-01-2024 2/2 that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. He was not apprehended on the spot. He has been made accused in the present case merely on the basis of disclosure made by the apprehended co-accused. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Considering the facts and circumstances of the case as well as 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.

7. However, if petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) divyanshi/- U T