Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76275 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Niraj Kumar Son of Nagendra Prasad Sah Resident of Ward No. 20, Gujri Bazaar, P.S. - Samastipur Town, Samastipur, Bihar - 848101 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Rame Ranjan Raj Son of Late Ram Niwash Sharma Currently working as Branch Manager, Axis Bank, Samastipur, Bihar - 848101 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, APP For the O.P. No. 02 :

Mr. Dayanand Singh, Advocate Mr. Dhananjay Kashyap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-02-2025 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 02.

2. The petitioner apprehends arrest in connection with Samastipur Town P.S. Case No. 121 of 2023 instituted under Sections 420, 467, 468, 419 and 120B of the Indian Penal Code.

3. The petitioner is alleged to have furnished fake gold ornaments worth Rs. 4,28,900/- in the Axis Bank and obtained loan.

4. Learned counsel for the petitioner has denied the allegation and has submitted that without accepting the guilt, the petitioner is ready to pay the remaining amount i.e., Rs. 2,80,165/- (including interest) to Axis Bank, Samastipur Branch

Patna High Court CR. MISC. No.76275 of 2024(3) dt.10-02-2025 2/3 for the purpose of bail.

5. In view of the fact that the petitioner is ready to pay the remaining amount of loan to the Bank i.e. Rs. 2,80,165/- (including interest), this application is allowed.

6. Let the petitioner, above named, in the event of arrest or surrender before the Court below within six weeks from today, be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No. 121 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure,1973.

7. On the date on which the petitioner furnishes his bail bonds, he shall produce a demand draft of Rs. 1,25,000/- in the name of the Bank in question and only after furnishing the demand draft of Rs. 1,25,000/-, he shall be granted provisional anticipatory bail by the Court below. Thereafter, the petitioner will pay the balance amount in four equal installments in the next four months.

8. After the entire amount of Rs. 2,80,165/- (including interest) is paid, the provisional anticipatory bail granted to the

Patna High Court CR. MISC. No.76275 of 2024(3) dt.10-02-2025 3/3 petitioner shall be confirmed by the Court below.

9. If the petitioner fails to pay the entire amount, as stated above, the provisional anticipatory bail granted to the petitioner shall be cancelled by the Court below. (Sandeep Kumar, J) Shishir/- U T