Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84626 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- AMAUR District- Purnia ====================================================== Ritesh Kumar Son of Suresh Bishwas Resident of Pechaily, P.S.- mahalgaon, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv Mr. Md Fazle Karim, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Amour P.S. Case No.105 of 2023, registered for the offence punishable under Sections 417, 419, 420, 465, 4687, 468, 471, 472, 473, 474 and 120B of the Indian Penal Code.

3. The prosecution case, in short, is that the police arrested a person namely, Amit Kumar Ram and he disclosed that there is an organized gang in which he and other co-accused persons including the petitioner are members. They together used to download sale deed of other States and from the sale deed, they obtained the finger prints and Aadhar Numbers. It is alleged that the accused persons has withdrawn money from the accounts by making duplicate finger prints.

4. It is submitted by learned Senior Counsel for the

Patna High Court CR. MISC. No.84626 of 2023(2) dt.15-01-2024 2/2 petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. He further submits that no evidence is found against the petitioner during the entire investigation. He has been made accused in the present case only on the basis of confessional statement of apprehended co-accused. Petitioner has no criminal antecedent.

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

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. Accordingly, this application is dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day without getting prejudiced by the present order. (Anjani Kumar Sharan, J) shikha/- U T