Shashi Mangleshwar v. The State Of Bihar

Patna High Court Cr.Misc. No.54987 of 2015 (3) dt.20-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54987 of 2015 Arising Out of PS.Case No. -195 Year- 2015 Thana -GARDANIBAGH District- PATNA ====================================================== Shashi Mangleshwar son of Shri Jagtanand Tiwary resident of Village : Brahmpur, Police Station : Phulwarisharif, in the district of Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ganesh Prasad Singh For the Opposite Party : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2016 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Gardanibag P.S. Case No. 195 of 2015 for the offences instituted under Sections 417, 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code.

As per prosecution case, the informant Priyadarshi, the Chief Manager, State Bank of India, Anisabad Branch, Patna, it transpires that some persons including the petitioner have applied for vehicle loan and after verifying the documents I.T. return, quotation of vehicle etc. filed by them, the loan amount was sanctioned in their favour and was directly disbursed in the A/C of the dealer. After disbursement of loan and release of the vehicle, the entire documents were sent to RACPC, Patna where on verification the same were found to be forged and fabricated and the petitioner embezzled huge amount of the bank by way of

Patna High Court Cr.Misc. No.54987 of 2015 (3) dt.20-01-2016 cheating and producing fake documents.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. As per the allegation, on the basis of a forged document, the petitioner is said to have taken loan from the SBI Patna. From perusal of Annexure-2 to the present application, it appears that the entire loan amount has been returned to the bank and the bank has issued a certificate that the said amount has been received.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Gardanibag P.S. Case No. 195 of 2015 on furnishing 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, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T