Patna High CourtCR. MISC./9401/2016bail granted

Ajay Kumar v. The State Of Bihar

2016-05-03Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9401 of 2016 Arising Out of PS.Case No. -1069 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Ajay Kumar Son of Late Ram Suresh Rai by resident of Ward No.- 4, Gali No.-8, Mohalla- Gajranth, Police Station- Sasaram Nagar, DistrictRohtas, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the petitioner : Mr. Lakshman Lal Pandey, Adv. For the SBI : Mr. Satya Prakash Tripathy, Adv. Mr. SatyaVrat, Adv.

For the Opposite Party/s : Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner, learned A.P.P. representing the State and the learned counsel for the Bank. The petitioner seeks bail in connection with Sasaram Town P.S. Case No. 1069 of 2015 registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code. Allegedly, the petitioner took loan of Rs. 10,00,000/- from State Bank of India, Sasaram branch but in spite of notice and as per agreement the petitioner did not pay any instalment and fled away with hypothecated Scorpio vehicle.

At the very outset, the learned counsel for the petitioner submits that due to some unavoidable circumstances, earlier the petitioner could not pay the instalment but he is ready to pay the loan amount to the Bank with interest and, as such, by

Patna High Court Cr.Misc. No.9401 of 2016 (4) dt.03-05-2016 2/2 detaining the petitioner in custody no purpose is going to be served.

The learned counsel appearing on behalf of the bank has got no objection in this proposal.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Rohtas at Sasaram in connection with Sasaram Town P.S. Case No. 1069 of 2015 subject to the condition that after release he will start paying the loan amount in easy instalment of Rs. 50,000/- quarterly and if the petitioner will not comply the said condition, the bail granted to him will be deemed to be cancelled. (Jitendra Mohan Sharma, J) sushma/- U T