Devendra Kumar Malakar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40789 of 2016 Arising Out of PS.Case No. -158 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Devendra Kumar Malakar, son of Late Bhujungi Malakar, resident of Mohalla- Jyoti Bihar Colony, Bahadurpur 399, P.S.- Zeromile, DistrictBhagalpur. .... .... Petitioner

Versus

1. The State of Bihar

2. The Branch Manager, Syndicate Bank, Bhagalpur, District- Bhagalpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Siddharth Harsh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-09-2016 Heard Sri Ram Sumiran Rai, learned counsel for the petitioner and Sri Siddharth Harsh, learned counsel, who has appeared on behalf of Opp.Party no.2, Syndicate Bank, Bhagalpur The sole petitioner, who is in custody since 24.07.2016 in Kotwali P.S. Case No.158/2015 registered for the offence under Sections 467, 468, 471 and 420 of the Indian Penal Code, has prayed for grant of bail.

Learned counsel for the petitioner submits that the petitioner had taken loan from the Bank and since the loan amount was not refunded, under the SARFAESI Act a proceeding was initiated against the petitioner. He submits that on allegation of using forged document in the loan, the present F.I.R. has been

Patna High Court Cr.Misc. No.40789 of 2016 (2) dt.30-09-2016 2/2 lodged.

Keeping in view the nature of accusation, let the petitioner, namely, Devendra Kumar Malakar be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali P.S. Case No.158/2015.

(Rakesh Kumar, J) NKS/- U T