Ram Suresh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7984 of 2017 Arising Out of PS.Case No. -130 Year- 2016 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Ram Suresh Tiwari, Son of Late Ram Ruchi Tiwari, Resident of VillageTorani, (Lehara), P.S.- Kargahar (Sidhi), District- Rohtas (Bihar). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar,Advocate For the Opposite Party : Mr. Nand Kishore Pd (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Kargahar P.S. Case No.130 of 2016, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

Allegedly, the petitioner has taken loan of Rs. 10 lacs from Madhya Bihar Grameen Bank, Torani, Rohtas for starting rice mill, but he has sold the equipments of rice mill and there is dues of Rs. 5,51,825/- and the intention of the petitioner is to grab the said amount.

Submission is of false implication and that the petitioner was depositing the amount time to time, on 04.06.2016 also the petitioner has deposited Rs. 23,700/- but thereafter the

Patna High Court Cr.Misc. No.7984 of 2017 (2) dt.07-03-2017 2/2 informant lodged this case on 24.06.2016 itself, resulting, the petitioner is apprehending his arrest. The dispute appears purely of civil nature. In spite of filing money suit or certificate case this case has been lodged.

The learned A.P.P. after going through Annexure-2, fairly submits that the petitioner has deposited Rs. 30,000/- on 30.05.2016 and Rs. 23,700/- on 04.06.2016 in the loan account. In the facts and circumstances as stated above, considering that the petitioner has been depositing the loan amount time to time in the loan account and further he is ready to deposit the loan amount and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned Additional Chief Judicial Magistrate, IInd Rohtas at Sasaram, in connection with Kargahar P.S. Case No. 130 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T