Mithilesh Kumar @ Atul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3906 of 2024 Arising Out of PS. Case No.-319 Year-2023 Thana- SIMRI District- Buxar ====================================================== Mithilesh Kumar @ Atul Kumar Son of Shyam Narayan Kunwar R/o Village - Dumari, PS- Simri, District -Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachina, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Simri P.S. Case No.319/2023 dated 13.09.2023 registered for the offence punishable under Sections 467, 468 and 471 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. It is next submitted that original name of the petitioner is Mithilesh Kumar but then he also has an alias name Atul Kumar. It is further submitted that the driving licence of the petitioner was in the name of Atul Kumar, as such, he had obtained a vehicle loan from the bank in question in the name of Atul Kumar. It is further submitted that the said fact was also brought to the notice of the authorities of the bank that the petitioner is also known by an alias name Atul Kumar, as such, the bank authorities

Patna High Court CR. MISC. No.3906 of 2024(2) dt.13-02-2024 2/2 had requested the petitioner to give same on affidavit for which the petitioner also submitted an affidavit to the said effect as would be evident from Annexure-2 at page 45 of the anticipatory bail application, as such there was no intention on part of the petitioner to cheat the bank or to commit any fraud rather the petitioner after obtaining loan also cleared the entire loan amount for which the bank also issued no dues certificate as would be evident from Annexure-P7 to the anticipatory bail application.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Simri P.S. Case No.319/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T