Baiju Narayan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30539 of 2019 Arising Out of PS. Case No.-150 Year-2017 Thana- NOKHA District- Rohtas ====================================================== BAIJU NARAYAN GUPTA Son of Gupteshwar Sah Resident of Village - Paner, P.S.- Nokha, Distt - Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Branch Manager, Punjab National Bank Nokha, District - Rohtas. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Ms.Anita Kumari Singh For the Bank : Mr.Ram Chandra Lal Das ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 420, 467, 468 and 471 IPC registered in connection with Nokha P.S. Case No. 150 of 2017.

3. It is submitted that the petitioner has been falsely implicated in connection with obtaining loan of Rs. 1,00,000/- on the basis of forged bond of L.I.C. In any event the petitioner expresses his readiness to repay the amount of loan in reasonable instalments within three months. The petitioner claims clean antecedents.

4. Be that it may, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of Sri B.K.Rai ACJM, Rohtas at Sasaram in connection with Nokha P.S. Case No. 150 of

Patna High Court CR. MISC. No.30539 of 2019(2) dt.14-05-2019 2/2 2017 subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (v) That the petitioner shall make payment of Rs. 35,000/- within the first month, further amount of Rs. 35,000/- in the second month and the remaining amount outstanding within the third month hereof.

5. The provisional bail granted to the petitioner shall stand confirmed upon payment of entire loan amount together with interest to the concerned bank within a period of three months as stipulated above, otherwise, his bail bond shall stand automatically cancelled.

(Vikash Jain, J) Chandran/- U T