Amarnath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71926 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== Amarnath Rai S/o Late Ganga Sagar Resident of Chakia, P.S.- Barauni, District- Begusarai, Then Administrator-cum-Block Co-operative Extension Officer, Bahadurganj ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajnish Kumar, Advocate Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2021 Heard Mr. Rajnish Kumar, learned Advocate for the petitioner and Mr. Parmeshwar Mehta, learned APP. The petitioner seeks bail in anticipation of his arrest in connection with Bahadurganj P.S. Case No. 114 of 2019 dated 26.04.2019 instituted for the offences under Sections 406, 409, 420, 467, 468, 469, 471, 201, 120-B of the Indian Penal Code.

It appears from the order dated 14.07.2020 that it was the stand of the petitioner that the money given by way of loan had already been recovered by the PACS and there is no outstanding dues against anyone of the borrowers.

However, in the absence of any evidence to support this claim, no final order was passed in this case.

Patna High Court CR. MISC. No.71926 of 2019(5) dt.06-12-2021 2/2 The Court had directed the petitioner to bring on record evidence in support of the aforesaid contention.

Learned counsel for the petitioner submits that he could not establish contact with the petitioner and therefore as on date, he has no concrete information regarding the same.

Considering the facts aforesaid, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the court below and seeks bail after showing that the entire loan amount has been recovered by the PACS and that there is no outstanding dues against anyone of the borrowers, that shall be taken into account before passing any final order.

The petition stands disposed off with the aforesaid observations.

(Ashutosh Kumar, J) krishna/rashid U T