Patna High CourtCR. MISC./24966/2017rejected

Anup Kumar v. The State Of Bihar

2017-07-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24966 of 2017 Arising Out of PS.Case No. -176 Year- 2015 Thana -KARPI District- JEHANABAD ======================================================

1. Anup Kumar S/o Jaigobind Singh Resident of Village - Rampurchai, P.S. - Karpi (Shahar Telpa), District - Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2017 Heard both sides.

The petitioner apprehends his arrest in Karpi (Sahar Telpa) P.S. case No. 176 of 2015 under Section 420, 467, 468, 471/34 of the Indian Penal Code.

The Branch Manager of Punjab National Bank, Balia Camp Maharajganj, Aurangabad branch alleged that petitioner and one Siyaram Singh took loan of Rs. 4,70,000/- for purchasing tractor after submitting forged and fabricated documents. The learned counsel for the petitioner submits that during the course of investigation it has come that petitioner did not purchase any tractor. The Branch Manager, in collusion with Sudhir Singh, swindled the bank money. Similarly situated accused Siyaram Singh has already been granted bail vide order

Patna High Court Cr.Misc. No.24966 of 2017 (2) dt.20-07-2017 2/2 dated 08.02.2017 passed in Cr. Misc. No. 2784 of 2017 and case of petitioner stands on the same footing but it appears that the informant made specific allegation that petitioner and Siyaram Singh both produced forged and fabricated deeds for mortgage of the property in order to take loan for purchasing tractor. The anticipatory bail petition of Siyaram Singh was rejected vide order dated 26.02.2016 passed in Cr. Misc. No. 56918 of 2015 and the case of petitioner stands on the same footing. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that Siyaram Singh has already been granted regular bail.

(Prabhat Kumar Jha, J) BKS/- U T