Gholat Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46331 of 2018 Arising Out of PS.Case No. -91 Year- 2017 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Gholat Singh S/o Kisto Singh, R/o Vill.- Maranch, P.S.- Chautham, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Chautham P.S. Case No. 91 of 2017, registered for offences punishable under Sections 420, 406, 409, 120(B), 467, 468 and 471/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is that the petitioner has obtained signature/thumb impression of informant and others on withdrawal forms and other documents for sanction loan from the Gramin Bank but no loan was sanctioned to the informant and others and later on the informant and others came to know about the real fact that the petitioner has withdrawn Rs. 95,000/- from the account of each of them.

Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.46331 of 2018 (2) dt.09-08-2018 2/2 that the petitioner has committed on offence and F.I.R. was lodged after lapse of one year from the date of alleged occurrence without giving any plausible reason. It is further submitted that the petitioner has no criminal antecedent and other co-accused have been granted privilege of bail by a Co-ordinate Bench of this Court vide order dated 12.12. 2017 vide order dated 02.07.2018 passed in Cr. Misc. No. 36764 of 2018.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Chautham P.S. Case No. 91 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(Vinod Kumar Sinha, J) Sudha/-sunil U T