Surendra Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.3442 of 2015 (3) dt.19-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3442 of 2015 Arising Out of PS.Case No. -154 Year- 1990 Thana -BAHERA District- DARBHANGA ====================================================== Surendra Chaudhary son of Late Tirpit Narayan Chaudhary, R/o village & P.O.- Habi Bhouar, P.S.- Bahera, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhusudan Kumar For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Bahera P.S. Case No. 154 of 1990 registered for the offences punishable under Sections 418, 420, 468, 471 and 120 B of the Indian Penal Code.

Allegedly, the accused persons in conspiracy with each other obtained loan from the bank after depositing forged rent receipts showing the entire share of the co-sharers. Submission is that the petitioner was summoned under Section 319 of the Cr.P.C. on the allegation that he was a guarantor to the loanee Narayanjee Mishra. The petitioner has no concern with the forged rent receipts to which the learned APP opposes by submitting that the petitioner was summoned in this

Patna High Court Cr.Misc. No.3442 of 2015 (3) dt.19-05-2015 case in the year 1995 and after lapse of so many years he has come for pre-arrest bail.

In the facts and circumstances stated above, considering that the petitioner is not named in the FIR and he has been summoned under Section 319 Cr.P.C, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Benipur in connection with Bahera P.S. Case No. 154 of 1990, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T