IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46493 of 2009 SHIV PRASAD YADAV @ SHIJEE YADAV Versus STATE OF BIHAR THRU.VIG. ----------- 4 15.4.2010 Heard Mr. S.D.Sanjay, learned counsel appearing on behalf of the petitioner and Mr. Bipin Kumar Sinha, learned counsel appearing on behalf of C.B.I. Petitioner apprehends his arrest in connection with Special Case no. 8 of 2008 arising out of RC Case No. 8A/2008 registered under section 120B, 420, 467, 468, 471 of the Indian Penal Code read with section 13(2) and 13(1)(d) of the Prevention of Corruption Act. According to the prosecution case certain irregularities were committed while granting loan to the different persons by Allahabad Bank, Patliputra Colony Branch. Title deeds produced by the loanee by way of collateral securities were found to be fake and forged. Petitioner is said to have applied for a overdraft facility of Rs.5.25 lac. It is submitted by learned counsel for the petitioner that allegation regarding production of fake document for the purpose of securing loan is wrong and false. He further submits that the entire loan amount has been repaid by the petitioner to the bank. By referring to annexure-2, he further submits that the Bank has issued no dues certificate and the aforesaid loan account of the petitioner has been finally closed on compromise. Learned counsel appearing on behalf of the C.B.I., though opposed the prayer for anticipatory bail, has not disputed the factum of deposit of entire loan amount by the petitioner. In the aforesaid back ground, let the above named petitioner in - 2 - the event of his arrest or surrender in the court below within a period of four weeks from today , be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Special Judge, CBI, South Bihar, Patna in the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further conditions: (a) That one of the bailors must be Govt. Servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Prasad Verma, J) M.Rahman