Ram Swarath Singh @ Ram Swarth Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74725 of 2023 Arising Out of PS. Case No.-957 Year-2015 Thana- SASARAM NAGAR District- Rohtas ====================================================== RAM SWARATH SINGH @ RAM SWARTH SINGH SON OF RAM GAHAN SINGH RESIDENT OF VILLAGE- BEDA, PS- SASARAM (M), DISTT- ROHTAS ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RISHI PADA KUNDU SON OF LATE RENU PADA KUNDU RESIDENT OF VILLAGE- CHIEF MANAGER CUM BRANCH MANAGER, PNB SASARAM, DISTT- ROHTAS ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP For the PNB :

Mr.Mritunjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner, learned counsel for the Punjab National Bank and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 406, 420 and 120B of the IPC. 3.

As per the F.I.R., PNB Branch Manager alleged that coaccused Girija Singh took loan from the Bank for purchasing machinery for rice mill but he used the loan amount for his personal use and petitioner is the guarantor of the said loan. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.74725 of 2023(2) dt.04-12-2023 2/2 general and omnibus in nature. Only on the basis that he is the guarantor of the said loan, he has been made accused in the present case but in the F.I.R., in the subject matter column, only four accused persons' name was mentioned but later on, petitioner has been made accused in this case. Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the Bank opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, 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, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sasaram Town P.S. Case No.957 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T