Raju Kumar vs The State Of Bihar
2021 Latest Caselaw 2529 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 35505 of 2020
 Arising Out of PS Case No.-451 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai
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Raju Kumar, aged about 40 years, Gender-Male, son of Ram Bilash Singh, Resident of- Sushil Nagar, Near N.H. No. 31, PS- Town, District- Begusarai.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S K Lal, Advocate For the State : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. S K Lal, learned counsel for the petitioner

and Mr. Rajendra Prasad Nat, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Begusarai Town PS Case No. 451 of 2019 dated 07.08.2019,

instituted under Sections 406 and 420 of the Indian Penal Code.

4. The informant, who was Chief Manager, State Bank

of India, Begusarai, has alleged in the FIR that the petitioner being

the proprietor of M/s Shri Vinayak Auto had taken loan of Rs. 2.5

crores under the Mortgaged-Dealer Financing Scheme from the Patna High Court CR. MISC. No.35505 of 2020 dt.22-06-2021

State Bank of India, Begusarai and had not deposited the

outstanding amount of Rs. 20 lakhs within the stipulated 120 days.

5. Learned counsel for the petitioner submitted that

from the entire FIR, it is apparent that absolutely no criminal case

is made out against the petitioner as it is a purely civil dispute

which discloses that the informant's grievance is that the entire

loan amount of the petitioner was not repaid to the Bank within

time. Thus, it was submitted that the criminal prosecution itself is

an abuse of the process of the Court. However, even on merits,

learned counsel submitted that the petitioner had repaid the entire

amount well within time and in proof thereof, learned counsel

drew the attention of the Court to Annexure-2, which is copy of

the statement of the concerned loan account of the petitioner

which discloses that the petitioner had in fact paid Rs. 798/- in

excess of the amount which was due to be paid which was

subsequently transferred into the Savings Bank account of the

petitioner and the said loan account was also shown to have been

closed. Learned counsel submitted that the petitioner is a man of

reputation running a business and has no criminal antecedent.

6. Learned APP submitted that the petitioner had not

repaid the entire amount. However, he could not meet the

submission of learned counsel for the petitioner that even if the Patna High Court CR. MISC. No.35505 of 2020 dt.22-06-2021

allegation in its entirety is taken to be true, it would only

constitute a civil offence for which there is sufficient remedy

under various laws available to the Bank to get back the money

which is claimed to be due against the petitioner.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Begusarai in Begusarai Town

PS Case No. 451 of 2019, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioner and (ii) that the petitioner shall co-operate with the

police/prosecution and the Court. Failure to co-operate shall lead

to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

Patna High Court CR. MISC. No.35505 of 2020 dt.22-06-2021

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T