Laxmi Pd. Yadav @ Laxmi Prasad Yadav @ Laxmi Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83669 of 2019 Arising Out of PS. Case No.-237 Year-2015 Thana- PALASI District- Araria ====================================================== LAXMI PD. YADAV @ LAXMI PRASAD YADAV @ LAXMI PRASAD Son of Late Uchit Lal Yadav Resident of Village-Hasanpur, Jahanpur Tola, P.S.-Palasi, District-Araria.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Branch Manager, Central Bank of India, Palasi, Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-10-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Palasi P.S. Case No. 237 of 2015, disclosing the offence under Sections 420, 406, 467, 468, 471, 120-B of the Indian Penal Code.

The Branch Manager of Palasi, Araria Branch of Central Bank of India is the informant, who has alleged that 28 persons including the petitioner have obtained KCC and HBL loan by committing forgery on the basis of submission of fake and fabricated document before the Bank. A total of Rs. 66.69 lakhs was obtained by the persons named in the FIR including this petitioner by placing fake and forged document. When the matter was taken up on 07.07.2020, on the prayer made on behalf of the petitioner, the matter was

Patna High Court CR. MISC. No.83669 of 2019(7) dt.15-10-2020 2/2 adjourned so as to enable him to satisfy the Court, prima facie, that the documents, which were submitted by the petitioner, were genuine.

A supplementary affidavit has been filed in which it has been vaguely stated that the documents submitted by the petitioner were genuine. There is no reference to the documents which were submitted by the petitioner for obtaining the loan. Considering the huge amount of money of the Bank having been allegedly obtained on loan on the basis of forged and fake documents, gives an impression that the offence was committed in an organized and systematic manner. For the said reason, in my opinion, the petitioner's custodial interrogation may be required.

This application is, therefore, dismissed.

However, the petitioner is directed to surrender before the Court below within eight weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) Rajesh/- U T