Lalan Kumar Jha @ Lalan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14940 of 2019 Arising Out of PS. Case No.-176 Year-2018 Thana- BENIPATTI District- Madhubani ====================================================== Lalan Kumar Jha @ Lalan Jha, Son of Vishnu Kant Jha Resident of Manpur, P.S.- Manpur, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420, 467, 468 and 471/34 of the IPC.

The prosecution case, as per the written report of Block Co-operative Extension Officer, Benipatti, dated 19.09.2018 submitted to the Station House Officer, Benipatti Police Station, is to the effect that one Mithilesh Jha alleged that fraudulently in his name, K.C.C. loan account was opened and loan of Rs. 50,000/- was disbursed.

Patna High Court CR. MISC. No.14940 of 2019(2) dt.12-03-2019 2/3 It is submitted by learned counsel for the petitioner that the petitioner is the Chairman of Manpaur PACS and job of the petitioner is not to open bank accounts in the bank. The Manager of the alleged bank, namely, Ajay Kumar Mishra has been granted regular bail by a Co-ordinate Bench of this Court, vide order dated 07.12.2018, passed in Cr. Misc. No. 73092 of 2018 on the submission of learned counsel for the petitioner that loan amount has already been recovered. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the fact that thrust of accusation is against the Manager of the alleged bank, who has been granted bail by a Co-ordinate Bench of this Court on the ground that loan amount has already been recovered, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to

Patna High Court CR. MISC. No.14940 of 2019(2) dt.12-03-2019 3/3 the satisfaction of learned A.C.J.M., Benipatti, Madhubani in connection with Benipatti P.S. Case No. 176 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T