Petitioner challenged arrest apprehension in SCST case for cheating and criminal breach of trust. Court denied anticipatory bail due to racket nature but directed surrender for regular bail.
Petitioner directed to surrender before the learned court below and make prayer for regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64537 of 2019
Arising Out of PS. Case No.-302 Year-2018 Thana- RAJAOLI District- Nawada
======================================================
PANKAJ KUMAR Son of Arvind Pd. @ Arvinda Kr. Resident of VillageJiyan Bigha, P.S.- Kurumbha, Dist.- Shekhpura.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 07-11-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Rajauli P.S.Case No.302 of 2018 dated 11.11.2018 registered for offences punishable under Sections 420/409 of the Indian Penal Code.
As per FIR, the informant has got information that the amount of self help group has been transferred in the fake account of different persons and as such the huge amount has been misappropriated by the accused persons.
Submission of the learned counsel for the petitioner is that nothing has come against the petitioner either in the FIR or during the investigation . Main allegation is against one Birendra Yadav.
Heard learned A.P.P. , who has opposed the prayer for bail
Patna High Court CR. MISC. No.64537 of 2019(3) dt.07-11-2019 2/2
stating that a racket is going on showing involvement of several accounts as such interrogation of the petitioner is also required in the case as his name transpired in this case. .
Having heard both sides and in view of nature of the case as large number of such type of cases are going on, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court on the basis of the materials available on the record..
With the aforesaid direction, this application is
dismissed.
(Vinod Kumar Sinha, J)
chn/-
U
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case of cheating and criminal breach of trust.
Whether a direction to surrender for regular bail is sufficient instead of granting anticipatory bail.
PANKAJ KUMAR
The State of Bihar
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
