Patna High Court - Orders
Wasi Alam vs The Union Of India Through The Director, ... on 1 August, 2022
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6957 of 2022
Arising Out of PS. Case No.-6 Year-2017 Thana- C.B.I CASE District- Patna
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WASI ALAM Son of Sri Khurshid Alam Resident of Village - Ashiyana
More, P.S.- Airport, Distt.- Patna.
... ... Petitioner/s
Versus
THE UNION OF INDIA THROUGH THE DIRECTOR, C.B.I. ,BIHAR,
PATNA Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Tripurari Nath Ambastha, Adv
For the Opposite Party/s : Mr. Bipin Kumar Sinha, APP
For the Respondent : Mr. Avanish Kumar Singh, Adv. (CBI)
Mr. Ambar Narayan, Adv
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
3 01-08-2022Heard learned counsel for the petitioner, counsel for the C.B.I. and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioner apprehend his arrest in a case registered for the offence punishable under sections 120B, 420/467/468 of the Indian Penal Code and 13(2) r/w 13(1)(d) of P.C. Act.
The allegation against the petitioner is that he exchanged around Rs.70,46,000/- of old currency notes by opening 41 bank accounts and cheated the Government of India for pecuniary Patna High Court CR. MISC. No.6957 of 2022(3) dt.01-08-2022 2/2 gains, during demonetization.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to enmity. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the petitioner is not named in the F.I.R. and his name came during the investigation of the C.B.I. There is no recovery from the possession of the petitioner. Petitioner was a peon in the said school. Petitioner has no criminal antecedent.
Learned APP for the State as well as counsel for the C.B.I. opposed the prayer for anticipatory bail by submitting that the bail application of similarly situated co-accused persons was earlier rejected by this court.
Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
This application is accordingly, dismissed.
(Anjani Kumar Sharan, J) shikha/-
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