Anish Kumar Sharma @ Anish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.11551 of 2018 (3) dt.08-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11551 of 2018 Arising Out of PS.Case No. -317 Year- 2016 Thana -AGAMKUAN District- PATNA ======================================================

1. ANISH KUMAR SHARMA @ ANISH KUMAR Son of Late Mahesh Prasad, Resident of Mohalla-41, Bibiganj Town, Danapur, P.S.-Danapur, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarvan Kumar For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-03-2018 Heard both sides.

The petitioner apprehends his arrest in Agamkuan P.S. Case No.317 of 2016 registered under Sections 419, 420, 408, 467, 468, 471, 120(B) of the Indian Penal Code. The informant, proprietor of Prema Motors Private Limited alleged that some customers applied for loan from Bank for purchase of vehicles from his showroom but the customers in collusion with accountant of M/S Prema Motors Private Limited did not purchase the vehicle and the amount of loan granted by the Bank was transferred in the account of the customers. The learned counsel for the petitioner submits that petitioner took loan of Rs.8 lacs from ICICI Bank for purchasing

Patna High Court Cr.Misc. No.11551 of 2018 (3) dt.08-03-2018 Eco Sport(Ford) but the petitioner did not purchase the vehicle and he in collusion with accountant of Prema Motors got the entire loan amount transferred in the name of his wife. It is submitted that petitioner is paying installment and he is ready to return the entire amount within 1 1⁄2 months from today. Considering the facts that the petitioner is willing to return the entire remaining amount of loan to the Bank within 1 1⁄2 months, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City, DistrictPatna in connection with Agam Kuan P.S. Case No.317 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If the petitioner fails to deposit the entire loan amount to the Bank within six weeks, the learned Court below shall forthwith cancel the bail bond of the petitioner after lapse of six weeks.

(Prabhat Kumar Jha, J) Saurabh/- U T