Ramjee Prasad Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22585 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================

1. Ramjee Prasad Chaurasiya, S/o Dasharath Chaurasiya, Resident of Village- Budhawal, P.S.- Karakat, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dineshwar Mishra For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Karakat P.S. Case no. 51 of 2016, disclosing offences under Sections 406 and 420 of the Indian Penal Code. The allegation against the petitioner is that he availed a loan of Rs. 5,25,000/- from Madhya Bihar Gramin Bank, Branch Gorari and also got a cash credit facility to the tune of Rs. 9,37,000/-, in the year 2011, for the purpose of establishing and running small scale "Box Industry". It is alleged against him that he did not repay the amount to the Bank and without any notice, shut down the Industry and shifted to a different place. Learned counsel appearing on behalf of the petitioner has submitted that no offence under Section 406 of the Indian

Penal Code is made out, inasmuch as there is no allegation that the petitioner had any intention to cheat the Bank from the very date of inception of the land agreement. He has also submitted that considering the nature of accusation and the status of the petitioner, there is no chance the petitioner shall be fleeing from the course of investigation or trial.

Considering the above, this application is allowed. Let the petitioner above-named, in the event of his arrest/surrender within four weeks from today in the Court below 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 the learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas in Karakat P.S. Case No. 51 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutives occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U