Sharad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6471 of 2019 Arising Out of PS. Case No.-397 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Sharad Kumar son of Ram Chandra Prasad Resident of Mohalla- House No. 70, Mohallan Rahamganj, Darbhanga, P.S.- Laheriasarai, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Bihari Tiwary For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-04-2019 The petitioner apprehends his arrest in connection with Laheriasarai P.S.Case No. 397 of 2018 registered under Sections 406,409,420,467,468 and 471/34 of the Indian penal Code. Allegation against the petitioner, who is an approved valuer of the State Bank of India, Darbhanga, is that under conspiracy, he wrongly allowed several persons to take agricultural loan by mortgaging their gold ornaments and thereafter, it was found that showing the fake gold ornaments as genuine, loan has been distributed.

Submission of learned counsel for the petitioner is that petitioner is not approved valuer of State Bank of India which will appear from Annexure-3 and further, FIR itself shows that recovery has been made from most of the beneficiaries and he is ready to abide by any condition imposed upon him. Heard learned APP as well as learned counsel appearing

Patna High Court CR. MISC. No.6471 of 2019(4) dt.02-04-2019 2/2 on behalf of the Bank. They have opposed the prayer for anticipatory bail stating that due to act of this petitioner, loan was distributed to several persons on fake gold showing as genuine and he is an approved valuer which will appear from the FIR itself and at page 24.

Having heard both sides and in the facts and circumstances, as stated above, specially the fact that loan amount has been recovered from the maximum beneficiaries as such let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Darbhanga in connection with Laheriasarai P.S. Case No. 397 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure; with condition that he has to co-operate in investigation and appear before the police as and when required. He is also directed to appear before the court below during trial, otherwise his bail bond shall be liable to be cancelled. (Vinod Kumar Sinha, J) sujit/- U T