Jitendra Kumar @ Jitender Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43827 of 2024 Arising Out of PS. Case No.-28 Year-2007 Thana- SOHSARAI District- Nalanda ====================================================== Jitendra Kumar @ Jitender Kumar Son Of Late Rameshwar Prasad VillageChamehra, P.S.- Ekangar, Distt.- Nalanda, Presently Residing At Denmark Dairy Farm, Mohalla- Dhaneshwar Ghat, P.S.- Laheri, Distt.-Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gaurav Singh, Advocate For the State :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sohsarai P.S. Case No. 28 of 2007 registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code.

3. On a cash credit limit of Rs. Twelve Lacs, the petitioner ran into arrears of approximately Rs. 6,41,776/-. On the own showing of the Bank it adjusted the security furnished by the petitioner to the Bank against the loan after which according to the Bank a sum of Rs. 4,58,946/- as on 19.2.2008

Patna High Court CR. MISC. No.43827 of 2024(2) dt.26-06-2024 2/3 still remains payable exclusive of interest.

4. The petitioner is a borrower and is in jail since 28.02.2024. Earlier he was granted anticipatory bail on 01.07.2009.

5. It has been submitted on behalf of the petitioner that he could not surrender as he was trying to negotiate with the Bank and after he failed in the negotiation and the entire business has been taken over, he has surrendered.

6. Learned counsel for the petitioner has submitted that no offence as alleged is made out as it is a case of Bank loan and the same became NPA because of the prevailing condition in the market.

7. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

8. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nalanda, Biharsharif in connection with Sohsarai P.S. Case No. 28 of 2007.

9. The petitioner will give an undertaking at the time

Patna High Court CR. MISC. No.43827 of 2024(2) dt.26-06-2024 3/3 of his release that he will appear personally on each and every date till the framing of charge and after framing of charge, he shall be regularly represented through his lawyers and he will co-operate in the trial.

(Sandeep Kumar, J) P. Kumar U T