Sanjeet Kumar Mallik @ Sanjeet Kumar Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48134 of 2016 Arising Out of PS.Case No. -322 Year- 2016 Thana -KANKARBAGH District- PATNA ====================================================== SANJEET KUMAR MALLIK @ SANJEET KUMAR MALIK S/o Late Mahendra Malik Resident of P.W.D. Office, Guljarbagh, P.S.- Alamganj, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-12-2016 Heard Mr. Yadav for the petitioner and the APP for the State.

Apprehending his arrest under sections 406 & 420 IPC including section 138 of N. I. Act, the petitioner has filed the present application for grant of anticipatory bail, vide Kankarbagh P.S. Case No. 322 of 2016.

According to the informant, certain amount was advanced as loan to the petitioner which he defaulted in making payment thereof.

The contention of the petitioner is that while taking the loan the petitioner did deposit all the bank documents including the ATM card etc. and the salary received by the petitioner was being withdrawn by the informant. On 15.03.2015, a sum of Rs. two lakh was got transferred from the account of the petitioner to

Patna High Court Cr.Misc. No.48134 of 2016 (2) dt.15-12-2016 2/2 the account of the informant which is apparent from Annexure-4. The petitioner has lodged a case with respect to the said withdrawal and holding out threats to the petitioner, vide Annexure-2 on 06.05.2016.

Considering the background in which the allegation has been levelled and the relevant facts appearing from the records, I am persuaded to extend the privilege of bail to the petitioner. Let the petitioner named above, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Smt. Smita Raj, Judicial Magistrate 1st Class, Patna, in Kankarbagh P.S. Case No. 322 of 2016 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T