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Shekh Kamal v. The State of Bihar

Patna HC10 Apr 2025CR. MISC./18269/2025

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.18269 of 2025, decided 10-04-2025 by Prabhat Kumar Singh, J. Anticipatory bail granted to Shekh Kamal in PS Case No. 595 of 2021, Bettiah City/Town Police Station, West Champaran (sections 419, 420, 120(b), 379 and 34 IPC, alleged fraudulent bank account opening). Bail in the event of arrest or surrender within eight weeks on Rs.10,000 bond with two like sureties; section 438(2) CrPC conditions apply. No precedent cited.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on bail in the event of arrest or surrender within eight weeks, on bail bond of Rs.10,000 with two sureties of the like amount each, to the satisfaction of the learned CJM, Bettiah, West Champaran, subject to section 438(2) CrPC conditions. ¶18

Shekh Kamal Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18269 of 2025

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Arising Out of PS. Case No.-595 Year-2021 Thana- BETTIAH CITY District- West

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Champaran

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Shekh Kamal Son of Shekh Daroga Resident of Pokhariya, P.S.- Chanpatiya, District - West Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 10-04-2025

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Heard learned counsel for the petitioner and the State.

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Petitioner apprehends arrest in a case registered for

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the offence punishable under sections 419, 420, 120 ( b), 379 and 34 of the Indian Penal Code .

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3 . As per the prosecution case , informant received

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information that a gang involved in opening bank account fraudulently have assembled near Bank of Maharastra, Urvashi Cinema Road, upon such information informant reached on the spot and apprehended one Anand Kumar with fake account opening forms and ID proofs. On interrogation, co-accused Najid Alam was also apprehended with similar documents. Apprehended persons disclosed that on the direction of this petitioner and others they were doing the fraudulent act.

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Patna High Court CR. MISC. No.18269 of 2025(2) dt.10-04-2025 2/3

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Learned counsel for the petitioner submits that no incriminating article has been recovered from the possession of petitioner and the name of the petitioner has transpired only on the basis of confessional statement of apprehended co-accused persons. Further submission is that co-accused Najid Alam who happens to be brother of petitioner’s brother-in law who along with other co-accused person namely Anand Kumar induced the petitioner to open bank account to obtain bank loan for purchasing vehicle and admittedly, Anand Kumar was guarantor of the account of petitioner. Moreover, co-accused persons Najid Alam and Anand Kumar have committed forgery and petitioner petitioner himself is victim of fraudulent. Petitioner claims clean antecedent.

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5 . Learned counsel for the State opposes the bail petition of the petitioner.

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Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Bettiah West Champaran in connection with Bettiah Town P.S. case No. 595 of 2021

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Patna High Court CR. MISC. No.18269 of 2025(2) dt.10-04-2025 3/3

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subject to the conditions laid down under section 438(2) of the

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Code of Criminal Procedure .

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(Prabhat Kumar Singh, J)

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Koushik/-

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