Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11886 of 2022 Arising Out of PS. Case No.-53 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== Anil Kumar Son Of Ram Sanejh Singh Resident Of Village- Kosra, P.S.- Ariyari, (Kasar O.P.), District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420(B)/34 of the Indian Penal Code. The prosecution case as per F.I.R is that the petitioner had taken loan from the informant's financial company and at the time of registering of the F.I.R, there was dues of Rs. 7,12,434/- of the financial company against the petitioner but still the petitioner is not ready to pay the same.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.11886 of 2022(2) dt.31-08-2022 2/3 petitioner that petitioner had taken vehicle loan of Rs. 4,80,000/- from the financial company and out of Rs. 4,80,000/-, the petitioner has already re-paid Rs. 3,35,000/-. The petitioner could not pay the E.M.I in every month due to pandemic COVID-19. The vehicle of the petitioner has also been confiscated and auctioned sale of the petitioner's vehicle was done by the police authority. However, the petitioner is still ready to pay rest amount of Rs. 1,45,000/-, if he is permitted to pay the amount in installments.

The petitioner is directed to pay rest amount of Rs. 1,45,000/- in eight equal installments. The petitioner is also directed to show receipt of the first installment at the time of filing of the bail bonds.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.11886 of 2022(2) dt.31-08-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 53 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner will be accepted by the learned Court below on showing receipt of deposit of first installment of Rs. 1,45,000/-.

(Sunil Kumar Panwar, J) Shageer/- U T