Pramod Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28646 of 2019 Arising Out of PS. Case No.-152 Year-2016 Thana- NARHATT District- Nawada ====================================================== PRAMOD PRASAD Son of Baleshwar Prasad Resident of VillageMudhetachak, P.S.- Narhat, District- Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
THE BRANCH MANAGER, MADHYA BIHAR GRAMIN BANK,SIDHAUL BRANCH BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Narhat P. S. Case No. 152 of 2016 instituted for the offence under Section(s) 406, 420 and 120B of the Indian Penal Code.
It is alleged in the written report that the petitioner took loan from Madhya Bihar Gramin Bank, BranchBaijnathpur for the purchase of tractor in the year 2007, but without paying the loan amount he sold the tractor which was hypothecated to the Bank.
Learned counsel for the Bank has submitted that petitioner has committed cheating with the Bank by selling the
Patna High Court CR. MISC. No.28646 of 2019(2) dt.02-05-2019 2/2 hypothecated article. Learned counsel for petitioner submits that the bank has civil remedy available for realization of the loan. The petitioner is in custody since 1.12.2018. Considering the aforesaid, let the petitioner, above named, 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 the A.C.J.M. 4th Nawada, in connection with Narhat P. S. Case No. 152 of 2016 subject to the condition that both the bailers shall be the close relative of the petitioner.
Learned counsel for the Bank has liberty to take all steps in accordance with law for recovery of the loan amount from the petitioner.
(Sanjay Priya, J) shyambihari/- U T