Nagendra Prasad Jaiswal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9995 of 2017 Arising Out of PS.Case No. -253 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Nagendra Prasad Jaiswal, S/o Late Jagananth Pd. Jaiswal, resident of Mohalla-Station Road, Mohania, P.S.- Mohania, District- Kaimur (Bhabhua) .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Branch Manager, Punjab National Bank, Akorhi, District- Kaimur (Bhabhua).

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pancham Lal Jaiswal, Advocate For the Opposite Party/s : Smt. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-03-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Mohania P.S. Case No.253 of 2016 instituted for the offence under Section(s) 409/34 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Kaimur at Bhabhua.

It is alleged that the petitioner is a borrower and he along with two guarantors, namely, Guru Pd. Singh and Ravi Pratap Singh, has withdrawn money from Cash Creidt Account as mentioned in the written report and total `42,17,679.00 with interest is due to the petitioner.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.9995 of 2017 (2) dt.09-03-2017 2/2 two guarantors have been granted bail by the Chief Judicial Magistrate, Kaimur.

From the impugned order itself, it appears that petitioner was directed by the 1st Additional Sessions Judge, Kaimur at Bhabhua, to surrender before the Court below and make prayer for bail, which will be considered on its own merit without being prejudiced by the order of 1st Additional Sessions Judge.

In this manner, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T