Parmanand Prasad Singh @ Parmanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82595 of 2019 Arising Out of PS. Case No.-379 Year-2018 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== PARMANAND PRASAD SINGH @ PARMANAND SINGH Son of Manohar Singh Resident of Village-Chandanpura, P.S.-Naya Ram Nagar, District-Munger.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Nawal Kumar Thakur Son of Ganesh Thakur Resident of Mohalla-Stadium Road, P.S. and District-Madhubani At present Branch Manager State Bank of India Munger Bazar Branch P.S.-Kotwali, District-Munger. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Kumar Sinha For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-06-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 379(C) of 2018 for the offence punishable under Sections 419, 420 and 120B/34 of the Indian Penal Code. The complainant is a Branch Manger of State Bank of India. He has alleged in the complaint petition that one Brajesh Kumar Singh had applied for grant of loan for purchase of land, which was sanctioned and the said loan amount of Rs. 15 lakh was deposited in the account of the petitioner, who had sold the land to said co-accused Brajesh Kumar Singh. Brajesh Kumar Singh was required to surrender the registered deed for the purpose of mortgaging the land. It is alleged that the loanee

Patna High Court CR. MISC. No.82595 of 2019(4) dt.18-06-2020 2/2 is not regularly paying the installments against the loan despite legal notice having been served.

It is the petitioner's case that no offence is made out against him, he is merely the person, who had sold the land in favour of accused Brajesh Kumar Singh.

I find substance in the said submission advanced on behalf of the petitioner. This application is accordingly allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Munger, in Complaint Case No. 379(C) of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as 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) Pawan/- U T