Anjiv Kumar @ Anjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74736 of 2019 Arising Out of PS. Case No.-415 Year-2018 Thana- NAWADA District- Nawada ====================================================== Anjiv Kumar @ Anjeev Kumar, Son of Sakaldeo Prasad Resident of Village - Pathri, P.S.- Atri, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nawada Town P.S. Case No. 415 of 2018, registered under Sections 420, 409, 467 and 468/34 of the Indian Penal Code. The accusation is that informant being the Regional collection Head of Sri Ram Transport Finance Company Ltd. received information about act of forgery in Nawada Branch then he inquired into the matter and found that Randhir Kumar, Branch Manager and Sunni Kumar, R.I., under conspiracy caused loss to the company, by sanctioning the loan to the tune of Rs. 1,03,30,000/- to nine persons named in the FIR including the petitioner, Anjit Kumar, to whom loan amount is sanctioned

Patna High Court CR. MISC. No.74736 of 2019(4) dt.23-09-2020 2/3 of Rs.10,50,000/- on 27.02.2018 by producing forged documents.

Learned counsel for the petitioner submits that in course of investigation, the address given by the petitioner to take the loan is found correct, as detailed in paragraph 62 of the case dairy, while it is detailed in paragraph 63 of the case diary that the address of co-accused, Md. Raja, son of Md. Mustafa, who is guarantor of loan amount of petitioner, as detailed in the documents, was found incorrect and petitioner was also found as guarantor of co-accused, Md. Raja. Learned counsel for the petitioner further submits that petitioner has taken the loan of Rs.10,50,000/- for purchasing of two truck on 27.02.2018 and Rs.3,00,000/- has already been deposited by the petitioner and he is ready to pay the remaining amount of loan with interest in four installments within ten months.

In view of the submission of the learned counsel for the petitioner, let the above named petitioner be released on provisional bail, in the event his surrender within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S. Case No. 415 of 2018,

Patna High Court CR. MISC. No.74736 of 2019(4) dt.23-09-2020 3/3 subject to the condition as laid down under Section 438(2) of the Cr.P.C. With further condition that at the time of furnishing of bail bond, petitioner shall produce the receipt about the payment of Rs.4,00,000/- in favour of Sri Ram Transport Finance Company Ltd. and the remaining loan amount will be paid by the petitioner in favoaur of Sri Ram Transport Finance Company Ltd. within a period of ten months. If the petitioner submits "No Dues Certificate" issued by the Sri Ram Transport Finance Company Ltd. within ten months, the learned Chief Judicial Magistrate, Nawada, shall confirm the provisional bail of the petitioner. In case, petitioner fails to submit the "No Dues Certificate" within ten months, the learned Chief Judicial Magistrate, Nawada, would be at liberty to cancel the bail bond of the petitioner.

Accordingly, this application stands disposed of. (Rajendra Kumar Mishra, J) Bhardwaj/- U T