Mahendra Paswan @ Mahindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41464 of 2025 Arising Out of PS. Case No.-543 Year-2024 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Mahendra Paswan @ Mahindra Paswan S/o Sukhdeo Paswan R/o vill - Mahmadpur Patahi, P.S.- Sadar, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Akhilesh Kumar S/o Sri Ram Aadhar Gupta Branch Manager, Union Bank of India, Akharaghat Road Branch, P.S.- Town, Distt.- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2025 Heard learned counsel for the petitioner, the State and the Bank.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections and other allied sections of the Indian Penal Code.

3. As per the prosecution case, petitioner, by mortgaging gold, took loan of Rs.1.85 lacs but he did not return the loan amount amount. Thereafter, when bank tried to verify its valuation, it was found that the gold was impure.

4. Learned counsel appearing for the petitioner submits that the petitioner is ready to return the loan amount of Rs.1.85 lacs to the bank in instalments, subject to outcome of the criminal case.

Patna High Court CR. MISC. No.41464 of 2025(3) dt.25-08-2025 2/2

5. Learned counsel for the Bank does not have any objection. However, he submits that the petitioner should also return the interest part of the principal amount.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Town Police Station Case No. 543 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. Petitioner shall deposit Rs.1 lac to the bank concerned and shall furnish its receipt at the time of filing bail bond and rest amount of Rs.85,000/- shall be deposited by him in the bank in two equal instalments in six months thereafter.

7. If petitioner complies with this condition, provisional bail shall be confirmed by the court below itself, failing which his bail bond shall be cancelled. Shashi (Prabhat Kumar Singh, J) U T