Nandan Rai @ Nandan Kumar Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8064 of 2018 Arising Out of PS.Case No. -502 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Nandan Rai @ Nandan Kumar Yadav, S/o Bagu Rai,
2. Bhutan Rai, S/o Chandrajeet Rai, Both R/o Village Dharmurha, P.S.- Muffasil, Distt.- E. Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate. For the Opposite Partys : Mr. Chandrasen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Muffasil P.S. Case No. 502 of 2017 instituted for the offence under Sections 323, 406, 409, 420, 504 and 506 of the Indian Penal Code. The complainant has alleged in the complaint petition which was sent to Police Station under Section 156(3) Cr. P.C. that these petitioners put signature of the complainant on some papers on pretext to get him old age pension, but on that paper they got sanction agriculture loan of Rs.1,00,000/- in the name of informant in the year 2014 from Bank of India, Madhuban Branch, Motihari. The said money was withdrawn by the accused
Patna High Court Cr.Misc. No.8064 of 2018 (3) dt.23-03-2018 2/3 persons. The informant learnt about the aforesaid act when demand was made with regard to the amount of loan along with interest amounting to Rs.1,27,238/-.
Learned counsel for the petitioners has submitted that these petitioners have no concern with the aforesaid loan. The loan was sanctioned in the name of the informant and the money was withdrawn by the informant.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Muffasil P.S. Case No. 502 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners
Patna High Court Cr.Misc. No.8064 of 2018 (3) dt.23-03-2018 3/3 tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T