Akhilesh Kumar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16002 of 2015 Arising Out of PS.Case No. -186 Year- 2012 Thana -BUXAR District- BUXAR ======================================================
1. Akhilesh Kumar Singh son of late Parmanand Singh resident of village - Basudhar, P.S. - Itarhi, District - Buxar.
2. Kamlesh Prasad Singh @ Kamleshwar Prasad Singh Son of late Parmanand Singh resident of village - Basudhar, P.S. - Itarhi, District - Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21461 of 2015 Arising Out of PS.Case No. -186 Year- 2012 Thana -BUXAR District- BUXAR ======================================================
1. Ajay Kumar Singh @ Ajay Singh Son of Late Parmanand Singh resident of village - Basudhar, P.S. Itarhi, District - Buxar
2. Arbind Singh Son of Late Parmanand Singh resident of village - Basudhar, P.S. Itarhi, District - Buxar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.16002 of 2015) For the Petitioner/s : Mr. Manendra Kumar Sinha For the Opposite Party/s : Mr. Nityanand (App) (In Cr.Misc. No.21461 of 2015) For the Petitioner/s : Mr. Manendra Kumar Sinha For the Opposite Party/s : Mr. Smt. Indu Bala Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners in these two applications seek pre-
Patna High Court Cr.Misc. No.16002 of 2015 (3) dt.02-09-2015 2/3 arrest bail in connection with Buxar Town P.S. Case No. 186 of 2012 registered for the offences punishable under Sections 467, 468 and 420 read with 34 of the Indian Penal Code. It is contended that it would appear from the allegations made in the FIR that no case is made out against these petitioners. In course of investigation the police enquired from the authorities of Canara Bank, Buxar Branch and the Senior Manager of the Bank has clearly stated that there was no irregularity in grant of loan to the petitioners. The informant is a stranger and is not directly or indirectly concerned with the matter relating to loan advanced to the petitioner but merely with an intention to harass the petitioners, the instant case has been instituted. It is further contended that the amount of loan has also been repaid to the Bank and the Bank has also issued 'No Dues Certificate' to the petitioners Learned counsel for the State does not seriously contest the matter.
Regard being had to the nature of allegation as also the materials collected in course of investigation, in the event of arrest or surrender before the court below within four weeks from today, the petitioners, namely, Akhilesh Kumar Singh and Kamlesh Prasad Singh @ Kamleshwar Prasad Singh of Cr.Misc.
Patna High Court Cr.Misc. No.16002 of 2015 (3) dt.02-09-2015 3/3 No. 16002 of 2015 and petitioners, namely Ajay Kumar Singh @ Ajay Singh and Arbind Singh of Cr.Misc. No. 21461 of 2015 are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar Town P.S. Case No. 186 of 2012, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Pradeep/- U T