In a criminal matter arising from a PS case involving defalcation and cheating, the High Court at Patna addressed a petition for anticipatory bail. The petitioner claimed innocence and political motivation but faced allegations of financial defalcation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3392 of 2022
Arising Out of PS. Case No.-474 Year-2021 Thana- NAGAR District- Vaishali
======================================================
PRIYA RANJAN KUMAR Son of Shri Ayodhya Prasad Resident of Village - postal park Kankarbagh, P.S.- Kankarbagh, Distt.- Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dinu Singh, Adv. Mrs.Ritika Rani, Adv. For the Opposite Party/s : Mr.Ram Sumiran Rai, APP For the Bank : Mr.Prabhakar Jha, Adv. Mr.Mukund Mohan Jha, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
6 02-01-2023 Heard learned counsel for the petitioner, learned counsel
for the Bank and learned APP for the State.
Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within four weeks.
Petitioner apprehends his arrest in connection with Hajipur P.S. Case No.474/2021, registered for the offence u/s 420, 406, 467, 468, 471/34 of the IPC.
Allegation against the petitioner and other accused persons is of defalcation of Rs.9,96,000/- from one Md. Jaffaruddin Ansari.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He
Patna High Court CR. MISC. No.3392 of 2022(6) dt.02-01-2023 2/2
has been falsely implicated in this case due to politics. Petitioner has no criminal antecedent. It is submitted that petitioner is authorized agent of Instant Global Paytec Pvt. Ltd. and runs Cyber Zone as proprietor which is under conscious knowledge of the informant. The petitioner has two bank accounts in SBI Kankarbagh Branch being account no.32072291656 and 33883048771. Petitioner has also got industrial loan of Rs.10,40,000/- to operate account no.33883048771 for which petitioner is making monthly payment and paid GST and income tax. It is further submitted that there is no specific overt act against the petitioner.
Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail and submits that there is allegation against the petitioner and in the case diary, there is ample evidence against the petitioner.
Considering the nature of offence, I am not inclined to enlarge the petitioner named above on bail. The prayer for grant of anticipatory bail on his behalf is rejected.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J)
pallavi/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to a petitioner falsely implicated in a case related to defalcation and cheating under IPC.
Whether the petitioner's clean criminal record and political implications warrant discharge from arrest apprehension.
Priya Ranjan Kumar
The State of Bihar
Udai Shankar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
