Nabi Akhtar Khan @ Akhtar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84577 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- NIMCHAKBATHANI District- Gaya ====================================================== NABI AKHTAR KHAN @ AKHTAR KHAN Son of Hameed Khan Resident of Village- Horidih, P.S.- Nimchak Bathani, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lilawati Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in Nimchk Bathani PS Case No. 9 of 2019 registered under Sections 420, 406, 467, 468 and 471 of the IPC.

The allegation is that the petitioner has fraudulently obtained loan in the name of father of the informant who is dead. Petitioner's counsel submits that the allegations are false. He submits that irrespective of the allegations, the fact is that the amount of loan which is alleged to have been fraudulently obtained has already been repaid to the bank on 31.1.2019. No dues in respect of the said loan has also been issued to the petitioner in respect of Account No. 1624008800006887 (Annexure 2). Considering the aforesaid submissions prayer for anticipatory bail of the petitioner is allowed. In the event of arrest or surrender before the court below within four weeks from today, 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

Patna High Court CR. MISC. No.84577 of 2019(2) dt.19-12-2019 2/2 satisfaction of ACJM X Gaya in Nimchak Bathani PS Case No. 9 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T