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Patna High Court - Orders

Vinod Kumar Tripathi @ Binod Kumar ... vs The State Of Bihar on 24 January, 2023

Author: Anjani Kumar Sharan

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68767 of 2022
                       Arising Out of PS. Case No.-404 Year-2022 Thana- GRIYAK District- Nalanda
                 ======================================================
                 VINOD KUMAR TRIPATHI @ BINOD KUMAR TRIPATHI S/O Deenanath
                 Tripathi R/O Village- Purana Bazar, Gomoh, P.S- Hariharpur, District-
                 Dhanbad (Jharkhand)

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amarendra Nath Verma
                 For the Opposite Party/s :       Mr. Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

2   24-01-2023

Heard the parties.

The petitioner apprehend his arrest in connection with Giriyak (Pawapuri) P.S. Case No.404 of 2022 registered for the offence punishable under sections 407, 420, 468/34 of the Indian Penal Code.

The prosecution story in short is that the petitioner misappropriated 9000 liter of diesel, 3 truck- loads of cement in the name of Gawar Construction Ltd. and credit notes of 200 liter in the name of S.P. Construction by committing forged signature.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in Patna High Court CR. MISC. No.68767 of 2022(2) dt.24-01-2023 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner was working as the store- incharge, the key of the godown remained with one Hawa Singh. There is no material evidence against the petitioner in the entire police investigation of the case. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as well as considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/-

U          T