Patna High CourtCR. MISC./51783/2018bail granted

Amit Kumar v. State Of Bihar And ANR

2018-10-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51783 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Amit Kumar S/o Arun Kumar Sinha, R/o Jai Prakash Nagar, Ward No. 2, P.S.- Khagaria, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Chief Manager, State Bank of India, Agriculture Development Barnch, Khagaria.

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420/406 of the Indian Penal Code.

The petitioner is guarantor of the loan given by the Bank to co-accused Arun Kumar Sinha. Arun Kumar Sinha has already been allowed regular bail by this Court vide Annexure-3 on undertaking of Arun Kumar Sinha that he will refund the entire loan amount within one year. Learned counsel for the Bank submits that till date Arun Kumar Sinha has not refunded a penny. Even if Arun

Patna High Court Cr.Misc. No.51783 of 2018 (2) dt.09-10-2018 P2/ Kumar Sinha has sold away mortgaged properties to the third person, the bank has first charge over the mortgaged property. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Khagaria Police Station Case No.12 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T