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Patna High CourtCR. MISC./54738/2017bail granted

Satyanarayan Prasad @ Satya Narayan Prasad v. The State Of Bihar

2017-11-15Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54738 of 2017 Arising Out of PS.Case No. -1430 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Satyanarayan Prasad @ Satya Narayan Prasad, S/o Late Kesho Sah, resident of Village & P.S.- Kargahar, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Narayan, Adv. Mr. Nagendra Prasad For the State : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Sasaram Nagar P.S. Case No. 1430 of 2015 instituted for the offence under Sections-353, 506 of the Indian Penal Code.

It has been submitted that FIR has been lodged by the Branch Manager of the bank against the petitioner and other persons as mentioned in the FIR because they are not returning the loan amount and deposited fake LIC policy at the time of sanction of the loan. It has been submitted that as per own statement of the bank (Annexure-2), total amount payable to the bank along with interest by the petitioner is Rs. 1,05,089/- Out of that Rs. 65,305/- has been paid and Rs. 39,784/- is only dues with the petitioner. It has been submitted that the petitioner will make payment of aforesaid amount also to the

Patna High Court Cr.Misc. No.54738 of 2017 (2) dt.15-11-2017 2/2 bank. Counsel for the petitioner has submitted that one of the coaccused with similar allegation has already been granted anticipatory bail by a coordinate bench of this court vide order dated 22-08-2017 passed in Cr. Misc. No. 34695 of 2017.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of 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 in connection with in Sasaram Nagar P.S. Case No. 1430 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Rohtas Sasaram subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T