Ashwani Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27539 of 2022 Arising Out of PS. Case No.-1048 Year-2017 Thana- BIHTA District- Patna ====================================================== ASHWANI KUMAR S/o Late Sanjay Kumar R/o Mohalla- Samastu Asthan Near Hanuman Mandir Bihta, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Anjani Pd. Singh For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bihta P.S. Case no. 1048 of 2017 instituted for the offence under Sections 409, 420, 34 of the Indian Penal Code. The prosecution case against petitioner is that he has taken loan as alleged Rs 4,73,830/- from ICICI Bank Ltd. Bihta, by way of pledging gold jewellery which was later on found of sub standard quality having little value against the sanctioned loan.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that petitioner had already
Patna High Court CR. MISC. No.27539 of 2022(2) dt.17-10-2022 2/2 deposited an amount of Rs. 1,44,000/- of the loan and he is ready to pay the rest of the amount. He has got no criminal antecedent.
Learned APP appearing for the state has opposed the prayer of anticipatory bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bihta P.S. Case no. 1048 of 2017, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1st Danapur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U