Advocates:
['Raj Krishan Jha', '', 'Arvind Kumar Mouar', 'Nagendra Prasad', '', 'Prashant Sinha', 'Uday Pratap Singh', 'Manu Tripurari', 'Apurv Harsh']

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.852 of 2022

Arising Out of PS. Case No.-29 Year-2021 Thana- AIRPORT District- Patna

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VINAY KUMAR Son of Maharana Prasad Resident of Suraj Bhawan, Natraj

Gali, Opposite Kulharia Complex, Police Station - Pirbahore, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner

:

Mr. Arvind Kumar Mouar, Advocate

Mr. Raj Krishan Jha, Advocate

For the Informant : Mr. Uday Pratap Singh, Advocate

For the State

:

Mr. Nagendra Prasad, APP

For the E.O.U. : Mrs. Soni Srivastava, Advocate

For the S.B.I. : Mr. Apuru Harsh, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

6

20-10-2022

Heard learned counsel for the parties.

Learned counsel for the petitioner is directed to

remove the defects, as pointed out by the office, within a period

of four weeks. In the eventuality of non-removal of defects

within undertaken period, the office will place the matter before

the Bench.

Learned APP for the State has filed a counter

affidavit which is on record.

The petitioner apprehends his arrest in a case

registered for the offences punishable under Sections 379, 420,

467, 468, 471 read with Section 34 of the Indian Penal Code.

The accusation against the petitioner is that

Patna High Court CR. MISC. No.852 of 2022(6) dt.20-10-2022

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fraudulent transfer of money was made in his accounts from the

accounts of the informant.

It is submitted by learned counsel for the

petitioner that no such occurrence as alleged ever took place.

He has been falsely implicated in this case. The allegation

levelled against the petitioner is not specific rather general and

omnibus in nature. It is further submitted that from perusal of

the F.I.R. it is clear that the mobile number of the victim

provided by him in the Bank was changed after making his

forged signature and the O.T.P. with regard to transaction of

money was transferred from his account and it has happened

with the help of Bank employee and there is no role of the

petitioner. It is also submitted that all the accounts of the

petitioner was seized by the police. Petitioner has no criminal

antecedent as mentioned in para-3 of this application.

Learned counsel for the Bank submitted that all

money of the informant has been returned to his account.

In compliance of the order dated 17.10.2022, Mr.

Bhaskar Ranjan, Deputy Superintendent of Police, Cyber Cell

is personally present before the Court. The Court has made

some query and he has given satisfactory reply.

Personal appearance of Mr. Bhaskar Ranjan, Deputy

Patna High Court CR. MISC. No.852 of 2022(6) dt.20-10-2022

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Superintendent of Police, Cyber Cell is dispensed with.

Learned counsel for the E.O.U. assures that E.O.U.,

Cyber Cell is ready to assist in further investigation if so

required by the Investigating Officer of this case.

Having regard to the facts and circumstances of the

case, let the above named petitioner, be released on bail, in the

event of his arrest or surrender before the learned Court below

within a period of six weeks from today, on furnishing bail bond

of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

sureties of the like amount each to the satisfaction of the learned

Court below where the case is pending/successor Court in

connection with Hawai Adda P.S. Case No. 29 of 2021, subject

to the condition as laid down under Section 438 (2) of the

Cr.P.C.

Trivedi/-

(Anjani Kumar Sharan, J.)

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