Srikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 30337 of 2019 Arising Out of PS. Case No.-410 Year-2018 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Srikant Kumar, Son of Harishanker Rai Resident of Village - Nawa Nagar Nizamat, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Mukesh Kumar Saran Son of Sri Awadhesh Kumar Saran Branch Manager, Central Bank of India, Sahebganj Branch, Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jyotsna Rani Mishra, Advocate For the informant :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Sahebganj P.S. Case no. 410 of 2018, registered under Sections 406, 420 and 379 of the Indian Penal Code. The accusation is that on the application of the petitioner, cash credit facility of Rs. 25,00,000/- and term loan of Rs. 17,80,000/- was provided to the petitioner by Central Bank of India, Sahebganj Branch, District-Muzaffarpur for running of Jai Mata Di Motorcycle Service Centre on 07.06.2014, in spite of much pursuation, petitioner die not pay the loan amount and against the term of agreement removed the

Patna High Court CR. MISC. No. 30337 of 2019(2) dt.17-07-2019 2/2 machines from the service centre for the purpose of selling of the same, which was hypothecated to the bank. Learned counsel for the petitioner submits that, in fact, Jai Mata Di Motorcycle Service Centre was running in rented premises, but the same premises was vacated by the petitioner due to pressure of the landlord and the machines were also shifted on other place. Further submission is that informant has right to recover the loan amount under civil law as alleged in the F.I.R. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-1st-cumSub Judge-1, West Muzaffarpur in connection with Sahebganj P.S. Case No. 410 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T