Palat Mahatha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31159 of 2014 Arising Out of PS.Case No. -11 Year- 2002 Thana -LADANIA District- MADHUBANI ======================================================

1. Palat Mahatha son of late Tanuk lal Mahatha, resident of villageSingrahi, P.S.- Ladania, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Jha For the Opposite Party/s : Mr. Md. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2015 Heard the parties.

In this application for anticipatory bail the petitioner apprehends his arrest for the offence punishable under sections 420 and 406 of the I.P.C.

Allegedly, the petitioner and others took loan from the Punjab National Bank, Ladania and without making payment of loan sold away the hypotheticated items and misappropriated the loan amount advanced to them. The petitioner has taken loan of Rs. 80,000/- for starting the Grees producing Industry and removed the hypotheticated items.

Submission is that earlier compromise was arrived at between the parties and the loan was adjusted as per compromise and to that extent certificate has been granted vide Annexure-2 by

Patna High Court Cr.Misc. No.31159 of 2014 (2) dt.29-01-2015 2/2 the Branch Manager of Punjab National Bank, branch Ladaniya, Madhubani, but inspite of that against the petitioner also chargesheet has been submitted showing him absconder. In view of no dues certificate of the Bank the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer for bail. Considering that vide Annexure-2 the Bank has issued no dues certificate against the petitioner and as such the petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Madhubani in Ladania P.S. Case No. 11 of 2002, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T