IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68465 of 2024 Arising Out of PS. Case No.-464 Year-2024 Thana- NAWADA District- Nawada ====================================================== Uttam Kumar Son of Sri Sadhan Thakur Resident of Bijay Nagar Colony No.2, Katihar, District -Katihar, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mritunjay Kumar, Advocate Mr. Vibhuti Kumar, Advocate For the State : Mr. Arun Kumar Singh, APP For the Informant : Mr. Abhay Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 3 18-01-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State as well as learned counsel for the informant. 2. The petitioner seeks bail, apprehending his arrest, in connection with Nawada Nagar P.S. Case No. 464 of 2024 dated 08.04.2024, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. 3. Under the Prime Ministers Employment Generation Programme, loan of Rs.9.5 lac was sanctioned and thereafter, the informant-lady submitted the quotation provided by Delhi Machinery for two machines of kapoor with each machine price at Rs.2.25 lac. However, after receiving of payment, the owner of Delhi Machinery did not deliver the same machine claiming that the price of the said machine has increased. The machine Patna High Court CR. MISC. No.68465 of 2024(3) dt.18-01-2025 2/4 which was agreed to between the parties was at Sl. No.6 in the catalogue, whereas the machine at Sl. No.3 was supplied by Delhi Machinery. Thereafter, on 26.07.2022, the informant informed the petitioner, who is Branch Manager of Punjab National Bank, requesting him to cancel the order of payment but he did not take any action. 4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the role of the petitioner is only to pay the loan to the seller of the goods as per request of loanee/purchaser. He further submits that as per request of the informant/loanee, she had agreed to purchase the machine from Delhi Machinery and thereafter, payment was made to the Delhi Machinery on 22.07.2022 itself prior to request of the informant to cancel the payment on 26.07.2022. Hence, no offence at all has been committed by the banker. It was for the supplier of the goods, the Delhi Machinery to supply the same goods as agreed to between the loanee and the seller of the goods. If the seller of the goods has committed any fraud with the loanee by supplying different goods of lesser quality, action may be taken by the loanee against the seller under Civil and Criminal Law, but banker is no way connected with the alleged offence. Patna High Court CR. MISC. No.68465 of 2024(3) dt.18-01-2025 3/4 5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case. 6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent. 7. However, Ld. APP for the State and learned counsel for the informant vehemently oppose the prayer of the Petitioner for bail submitting that petitioner has also connivance in the alleged offence committed by the seller, Delhi Machinery. 8. Considering the aforesaid facts and circumstances, prima facie no offence appears to have been committed by the petitioner, in view of the fact that petitioner made the payment to the seller after request of the loanee/informant, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Nawada, in connection with Nawada Nagar P.S. Case No. 464 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following Patna High Court CR. MISC. No.68465 of 2024(3) dt.18-01-2025 4/4 conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. ravishankar/- (Jitendra Kumar, J.) U T