Siya Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56918 of 2015 Arising Out of PS.Case No. -176 Year- 2015 Thana -KARPI District- JEHANABAD ======================================================

1. Siya Ram Singh S/o late Ramananad Singh R/o Village: Kayal , tolaRadhe Nagar, P.s Karpi(Sahar telpa), Distt- Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Rajendra Prasad Nat (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Karpi (Sahar Telpa) Police Station Case No. 176 of 2015, disclosing offences under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

It is alleged that the petitioner submitted forged document for the purpose of obtaining loan from the Punjab National Bank and in fact, availed the said loan to the tune of Rs. 4,00,000/-.

Learned Counsel for the petitioner submits that the said loan amount was not received by the petitioner; rather, though it was sanctioned in his name, the amount was paid to Sudhir Automobiles, the dealer of the said tractor. He also submits that the petitioner did not take delivery of the tractor ever from the said Sudhir Automobiles. According to him, the officers of the Bank and

Patna High Court Cr.Misc. No.56918 of 2015 (3) dt.26-02-2016 2/2 the dealer have connived to misappropriate the loan amount and in order to save their skins, they have filed the present case, containing false allegations. He has also submitted that prior to the institution of the First Information Report, the petitioner had also lodged a complaint against the said Sudhir Automobiles, on the basis of which, cognizance has been taken against them. Be that as it may, in the facts and circumstances of the case and the nature of dispute, I am not inclined to grant privilege of anticipatory bail to the petitioner.

This application for anticipatory bail is, hereby, rejected.

The petitioner, Siya Ram Singh, is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √