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Santosh Kumar v. The State Of Bihar

Patna HC14 Jul 2015CR. MISC./29816/2015

Case brief

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What is this about?

The Patna High Court granted interim anticipatory bail to Santosh Kumar facing arrest under various IPC sections related to a loan dispute from Mahindra Mahindra Financial Services. The bail is subject to furnishing a bond and, crucially, proof of full loan repayment and interest within three months.

What did the court decide?

Release on provisional anticipatory bail for three months subject to furnishing a bond and full repayment of the loan amount.

Santosh Kumar Vs The State Of Bihar — Contract and Commercial Disputes | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29816 of 2015

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Arising Out of PS.Case No. -349 Year- 2014 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== 1. Santosh Kumar Son of Shatrughna Thakur @ Shatrughna Thakur resident of village - Sakhaura, P.S. Piar, District - Muzaffarpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar For the Opposite Party/s : Mr. Ajay Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 14-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406,420,467,468,471 and 120B/34 of the Indian Penal Code.

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The prosecution case is that the petitioner took loan from M/s Mahindra and Mahindra Financial Services Ltd. to the tune of Rs.4,41000/- for purchase of Mahendra Passenger Jeep but the petitioner failed to deposit the loan amount as a result the loan amount accumulated to the tune of Rs.6,82,259/-.

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It is submitted by the learned counsel for the petitioner that for the same claim earlier a case was lodged at Patna by the informant being Complaint Case No. 2903 of 2007 and subsequently the petitioner deposited the entire loan amount.

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Patna High Court Cr.Misc. No.29816 of 2015 (2) dt.14-07-2015

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2/2

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Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for three months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur in connection with Mithanpura P.S. Case No. 349 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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The provisional bail will be confirmed by the learned court below on verification of the fact that the petitioner has deposited the entire loan amount along with up-to-date interest otherwise the petitioner will surrender and pray for regular bail.

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(Dinesh Kumar Singh, J)

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Anil/U T

Santosh Kumar v. The State Of Bihar

Case brief

What is this about?

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Santosh Kumar v. The State Of Bihar

Case brief

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