Single judge allowed anticipatory bail to petitioner Prashant Kumar, apprehending arrest in an FIR concerning loan default and cheating offenses, subject to bond conditions.
Petitioner enlarged on bail if arrested or surrenders within eight weeks, furnishing bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 38159 of 2014
Arising Out of PS.Case No. -257 Year- 2012 Thana -ROSERA District- SAMASTIPUR ====================================================== Prashant Kumar S/o Bhupendra Nath Singh R/o Near Dakghar Gandhi Chowk, Rosera, P.S.- Rosera, District- Samastipur .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Amitabh Bhardwaj For the Opposite Party/s : Mr. Shailendra Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2. 27-03-2015 Heard learned counsel for the petitioner and Sri Shailendra Kumar, learned Addl. Public Prosecutor.
The sole petitioner, apprehending his arrest in Rosera P.S. Case No. 257 of 2012 registered for the offence under Sections 406 & 420 of the Indian Penal Code, has prayed for grant of anticipatory bail.
Learned counsel for the petitioner submits that the Recovery Officer of the Central Bank of India has lodged an F.I.R. in a case where the petitioner had taken a loan from the Bank. However, the entire loan amount was not repaid. Even the petitioner was ready to pay the loan amount in installment, the Bank has got the F.I.R. registered against the petitioner. According to learned counsel for the petitioner, no offence under
Patna High Court Cr.Misc. No.38159 of 2014 (2) dt.27-03-2015
2/2
Section 406 of the Indian Penal Code is made out.
Be that as it may, keeping in view the nature of accusation, let the petitioner namely Prashant Kumar be enlarged on bail in the event of his arrest or surrender within a period of eight 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 A.C.J.M., Rosera in Samastipur district in connection with Rosera P.S. Case No. 257 of 2012 under conditions as contemplated under Section 438(2) of the Cr.P.C.
(Rakesh Kumar, J.)
Anay/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a case registered under Sections 406 and 420 of the Indian Penal Code.
2 provisions across 2 enactments
Prashant Kumar
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
