Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68982 of 2019 Arising Out of PS. Case No.-35 Year-2015 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== ANIL KUMAR Son of Mangal Mahto Resident of Village-Khabra, P.S.- Sadar, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ashhar Mustafa, Advocate.

For the Opposite Party No. 1 :

Mr.Madhura Nand Jha, Advocate.

For the opposite party No. 2:

:

Mr. Nishi Nath Ojha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Bela P.S. Case No. 35 of 2015, registered for the offences punishable under Sections 467, 468, 471, 420 and 34 of the Indian Penal Code.

As per F.I.R. petitioner has taken loan of Rs. 7,00,000/- mortgaging some paper. Further appears that later on it transpires that mortgaged paper has already been mortgaged in connection with some other loan also.

Submission of the learned counsel for the petitioner is that petitioner has already cleared the original amount of Rs. 7,00,000/- and only interest amount is remained unpaid and he is ready to pay the amount if sometime has given to the petitioner.

Patna High Court CR. MISC. No.68982 of 2019(2) dt.06-11-2019 2/2 On the other hand, learned counsel for the bank has opposed the bail prayer on the ground that it is a case of forgery and earlier provisional bail was granted to the mother of petitioner on the condition that he will deposit rupees four lacs but she has not deposited the aforesaid amount as such his provisional bail has been canceled.

Having heard both sides, considering the above fact, let the petitioner, above named on surrender within a period of six weeks from receipt of the order he will be released on provisional bail to the satisfaction of learned court below for a period of four months on payment of bank draft of rupees one lakh in favour of the bank and the rest of the 50% amount of the interest he has to deposit within four months in four equal installments. Failing which provisional bail of petitioner shall be cancelled. At the same time it is made clear that if the petitioner deposit the 50% interest amount within four months his provisional bail shall be confirmed.

Accordingly, with the above observation this application is disposed of.

(Vinod Kumar Sinha, J) T.Kr./- U T