Arun Kumar Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25843 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -KHAGARIA District- KHAGARIA ====================================================== Arun Kumar Sinha, son of late Yogendra Prasad, R/o - Mohalla Jai Prakash Nagar, Ward No. 21, Police Station - Khagaria, District - Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the SBI : Mr. Satya Prakash Tripathy, Advocate For the Opposite Party/s : Mr. Ashok Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

Allegation against petitioner is that he sold away the land which was mortgaged with the informant-Bank. There is no dispute that the Bank has first charge over the mortgaged property and it is also not against the law to sell a property which is already mortgaged. If the purchaser of the property would have raised the grievance, the matter would have been different.

Submission is that the petitioner is ready to refund the loan amount to the Bank within one year.

Patna High Court Cr.Misc. No.25843 of 2018 (2) dt.01-05-2018 2/2 Learned counsel for the State Bank of India opposed the prayer for bail on the aforesaid facts. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Khagaria Police Station Case No. 12 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/Sanjeev U T