Mahendra Prasad Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9173 of 2016 Arising Out of PS.Case No. -452 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Mahendra Prasad Jaiswal, Son of Late Jagarnath Prasad Jaiswal, Resident of village + Post office + Police Station - Mohania, District - Kaimur (Bhabhua ) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pancham Lal Jaiswal, Advocate For the Opposite Party/s : Mr. Smt. Sangita Sharma (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner, learned APP for the State and the learned counsel for the Madhya Bihar Gramin Bank.
Petitioner apprehends arrest in connection with Mohania P.S. Case No. 452/15 for offences alleged under Sections 409/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that the petitioner had taken a loan of Rs. 15 lakhs under Cash Credit Scheme in which land of one Nagendra Prasad Jaiswal was mortgaged. Subsequently, the loan account became irregular and was recalled. The Bank took steps under the SARFAESI Act but found that the said mortgaged land was earlier mortgaged to another Bank.
Patna High Court Cr.Misc. No.9173 of 2016 (2) dt.30-03-2016 2/2 Learned counsel for the petitioner, however, submits that petitioner is ready to liquidate the entire dues of the Bank and agrees to sit with the Bank officials for settlement of the dues.
On such undertaking of the petitioner to negotiate with the Bank authorities for liquidation of the Bank's dues within a fortnight, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur (Bhabhua), in connection with Mohania P.S. Case No. 452/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T