This is an oral order granting anticipatory bail to the petitioner, a banker, in a case involving offences under IPC Sections 341, 323, 406, 420, 467, 468, 471, and 386 regarding an alleged recovered vehicle and recovery actions.
Application for anticipatory bail allowed; petitioner to be released on bail within six weeks of arrest/surrender.
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.14889 of 2016
Arising Out of PS.Case No. -512 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI
====================================================== Rishav Mehta, son of Sri Jayanti Lal Mehta, resident of Mohalla Patna City (Mehta Market), P.S. Chowk, Patna City, District Patna, at present posted as Branch Manager, UCO Bank, Sanjat Branch, P.S. Bhagwanpur, District Begusarai
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Binod Kumar 3 (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 05-05-2016
Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State.
This application for grant of anticipatory bail arises out of Begusarai Town (Lohiya Nagar) P.S.Case No. 512/2015, disclosing offences under sections 341, 323, 406, 420, 467, 468. 471, 386 of the Indian Penal Code.
The petitioner is Branch Manager of Sanjat Branch of UCO Bank. The informant Kanchan Mishra is said to have purchased a Bolero vehicle from one Arun Chaurasiya upon payment of Rs. 1,40,000/- with an assurance that for rest of the amount, he would arrange sanction of loan by the Bank. It is alleged that the recovery agent of the Bank, Krishna Kumar Singh, seized the vehicle in question.
Patna High Court Cr.Misc. No.14889 of 2016 (2) dt.05-05-2016
2
Learned counsel, appearing on behalf of the petitioner, has submitted that admittedly, the informant defaulted in making payment of the loan amount. He has further submitted that the said recovery agent, Krishna Kumar Singh, has been granted anticipatory bail by this Court vide order dated 21.1.2016 passed in Cr.Misc.No. 2971/2016 and the accused Gajendra Kumar has also been granted anticipatory bail by the court below.
Considering the facts and circumstances and the nature of accusation, this application is allowed.
Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 Chief Judicial Magistrate, Begusarai in Begusarai Town (Lohiya Nagar) P.S.Case No. 512/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
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)
Surendra/U
Patna High Court Cr.Misc. No.14889 of 2016 (2) dt.05-05-2016 3
2 issues framed by the court
Whether the grant of anticipatory bail to the petitioner is justified in the facts and circumstances of the case.
Whether the petitioner should be released on bail upon surrender within the stipulated time frame subject to conditions.
1 provisions across 1 enactments
Rishav Mehta
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
