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Patna High Court - Orders

Md. Yakub Raja vs The State Of Bihar on 30 April, 2018

Author: Jitendra Mohan Sharma

Bench: Jitendra Mohan Sharma

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.21264 of 2018
                     Arising Out of PS. Case No.-1247 Year-2017 Thana- SAHARSA District- Saharsa
                 ======================================================
                 Md. Yakub Raja, s/o Md. Nazir, Resident of Village- Niyamat Tola, P.S.-
                 Saharsa, District- Saharsa.

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar.

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Md. Harun Quareshi, Advocate
                 For the Opposite Party :        Mr. Sri Ram Priya Saran Singh (APP)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
                 SHARMA
                                       ORAL ORDER

2   30-04-2018

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case No. 1247 of 2017, registered for the offences punishable under Sections 419, 420, 467, 468, 471,34 of the Indian Penal Code.

On the basis of written information of Sri Ashok Kumar Gupta, Senior Bank Manager, Saharsa, this case has been instituted alleging therein that the accused persons named in the written petition, have made illegal transaction by using wrong CVV through Master Card and from the report annexed it reveals that the petitioner withdrew Rs. 3,15,000/- and after accepting his guilt returned only Rs. 28,646.38 paise. Patna High Court Cr.Misc. No.21264 of 2018(2) dt.30-04-2018 2/2 Submission is of false implication and that the petitioner's bank account was connected with PAYTM, on-line marketing application which provides a platform to its users for on-line transaction, marketing in fact the PAYTM floated a bonus scheme which was used by the petitioner and huge amount came into account. The Branch Manager only to save his skin lodged this false case and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the allegation, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Saharsa Sadar P.S. Case No. 1247 of 2017, pending in the Court of learned Chief Judicial Magistrate, Saharsa.

(Jitendra Mohan Sharma, J.) Rajiv/-

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