Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78181 of 2019 Arising Out of PS. Case No.-714 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== SHANKAR PASWAN, Son of Late Baldev Paswan, Resident of Village - Singhaul, P.S.- Muffasil, Distt.- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Town P.S. Case No. 714 of 2017, disclosing the offences under Sections 420, 467, 468, 471, 120B and 409 of the Indian Penal Code.

The informant is said to be the Regional Collection Head of Sriram Transport Finance Company at Begusarai. It is alleged that on the basis of sale documents in respect of a vehicle shown to have been executed by one Pradeep Kumar Mehta, loan was advanced in favour of co-accused Pawan Kumar Pandit by the Finance Company, which was transferred in his Saving Bank Account maintained at Bank of Baroda,

Patna High Court CR. MISC. No.78181 of 2019(2) dt.10-01-2020 2/3 Branch Papraur. In the said transaction, the petitioner was a guarantor. It is alleged that one day when Pradeep Kumar Mehta himself turned up for finance and he was told that finance has already been done in respect of the vehicle in question, he denied to have executed any sale document. It is, accordingly, alleged that based on false and fabricated document, the accused persons duped the Company by securing loan.

Learned counsel appearing on behalf of the petitioner has submitted that the amount of loan has admittedly gone in the account of co-accused Pawan Kumar Pandit and the petitioner has been implicated only on the allegation that he is a guarantor in respect of the loan in question. He has further submitted that merely on denial of Pradeep Kumar Mehta regarding execution of sale document, the First Information Report has been registered. The petitioner is in custody since 20.10.2019. Considering the nature of accusation, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Town P.S. Case No. 714 of 2017, subject to the condition that the petitioner shall present himself before the Police/Court, as

Patna High Court CR. MISC. No.78181 of 2019(2) dt.10-01-2020 3/3 the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) S.Ali/- U T