IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.171 of 2010 BAKSHI RAJESH RAJ Versus STATE OF BIHAR THRU.C.B.I. ----------- 4 15.4.2010 Heard Mr. Krishna Nand Jha, learned counsel appearing on behalf of the petitioner and Mr. Bipin Kumar Sinha, learned counsel appearing for the C.B.I. Petitioner apprehends his arrest in connection with Special Case No. 8 of 2008 arising out of RC 8(A)/2008, dated 31.3.2008 registered under sections 120 B, 420, 467, 468, 471 of the Indian Penal Code and under section 13(2) read with section 13(1)(d) of the P.C. Act. According to the prosecution case petitioner had applied for a loan amount of Rs. 9,00000/- from Allahabad Bank, Patliputra Branch. It is alleged that for securing loan amount he produced certain title deeds by way of collateral securities but the same were found to be fake and forged one. Petitioner is said to have received loan amount of Rs. 9,00000/-. It is submitted by learned counsel for the petitioner that out of total loan amount he has already deposited Rs. 2,22500/- and therefore it is submitted that petitioner has been returning the loan amount to the bank. It is further stated that petitioner is prepared to return the entire loan amount as per calculation made by the bank, but for that he must be given some reasonable time. Learned counsel for the C.B.I., though opposed the prayer for anticipatory bail made on behalf of the petitioner, has fairly conceded that if the entire loan amount is returned by the petitioner within a time fixed by this court then the court may consider his prayer for anticipatory bail. Be that as it may, in the aforesaid facts and circumstances, - 2 - petitioner is directed to deposit at least Rs. 2,00,000/- within a period of four weeks from today and balance loan amount must be deposited by him within six weeks thereafter. Therefore, entire loan amount is required to be repaid by the petitioner within a period of ten weeks from today. If the petitioner deposits the first installment of Rs. 2,00,000/- within a period of four weeks from today then the above named petitioner in the event his arrest or surrender in the court below within the same period, shall 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, C.B.I, South Bihar, Patna in connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further condition : (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)Petitioner must deposit the balance loan amount as per calculation made by the bank within six weeks thereafter. It is made clear that if the petitioner does not deposit the entire loan amount within ten weeks from today, then it will be treated that prayer made on behalf of the petitioner for grant of anticipatory bail has been finally rejected by this Court and petitioner will have to surrender and seek regular bail in the court below. (Birendra Prasad Verma, j) M.Rahman