IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1997 of 2010 JAINENDRA KUMAR SINGH son of Late Narendra Prasad Singh resident of village Rukunpura, P.S. Bakhtiyarpur, District Patna. Versus STATE OF BIHAR THROUGH.C.B.I. ----------- 2 23-02-2010 Heard counsel for the petitioner and counsel for the C.B.I. The petitioner, being an accused for the offences under sections 120 (B), 420, 467, 468 and 471 of the Indian Penal Code and section 13 (2) read with section 13 (1) (a) and (d) of the P.C. Act, has his defence for the purpose of grant of anticipatory bail that whatever amount was sought to be cheated by way of obtaining loan from the Bank has either been paid or he is still ready to pay the amount. This Court would find that the petitioner along with his wife Usha Devi and other accused persons are said to have in conspiracy of each other committed cheating and forgery causing wrongful loss to the Bank to the tune of Rs.2,99,629/- in the total amount of Rs.42,33,920/-. Counsel for the petitioner has drawn attention of this Court towards the voluntary payment already made by the petitioner and one Yadvendra Kumar Singh as against K.C.P. Account No.120 wherein a sum of Rs.1,76,000/- had been deposited. Counsel therefore submits that the remaining amount of Rs.1,23,629/- as alleged in the prosecution report of the C.B.I. would also be deposited within a period of two months in two 2 equal installments. Counsel in this context has also placed reliance on the order of this Court dated 7.9.2009 in Cr. Misc. No. 14686 of 2009 and order dated 14.12.2009 in Cr. Misc. No.38912 of 2009 to contend that co-accused persons have already been granted anticipatory bail upon a similar undertaking given by them for making payment. Counsel for the C.B.I. however has invited attention of this Court that two petitioners who were granted anticipatory bail on 7.9.2009 and 14/12/2009 were ladies and in fact husband of Smt. Shobha Devi, namely, Dharmbir Kumar @ Dharmi was given regular bail on 11.2.2010 in Cr. Misc. No.2678 of 2009. Mr. Sinha, learned counsel for the C.B.I. further submits that the prayer for anticipatory bail of the Branch Manager of the Bank, namely, Sudhir Kumar was also rejected by this Court and therefore the petitioner would also not be entitled for privilege of such anticipatory bail even if he was prepared to deposit the balance amount. This Court would find that case of the petitioner stands almost on an identical footing as that of the two petitioners, namely, Usha Devi and Shobha Devi and therefore for maintaining parity as also consistency in the orders of this Court, it would accept the offer of the petitioner to deposit the balance amount of Rs.1,33,629/- for his being granted anticipatory bail in this case while accepting such offer of the petitioner and allowing his prayer for anticipatory bail, this Court would take into account that 3 the case of co-accused Dharmbir Kumar is quite distinguishable inasmuch as his prayer for grant of anticipatory bail was never rejected by this Court and the case of Bank Manager is not on the same footing as that of the loanee petitioner. That being so, if the petitioner, namely, Jainendra Kumar Singh appears before the court below within a period of four weeks from today and produces proof of further payment of Rs. 50,000/- in the Bank, the court below shall grant him provisional bail for a period of four weeks on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, C.B.I. Bihar, Patna in Special Case No.1 of 2008 arising out of R.C. Case No.27 (A) of 2002, subject to the conditions as laid down in section 438 (2) of the Cr.P.C., and if thereafter the petitioner would also make of payment balance amount of Rs.73,629/- in next four weeks from the date his being released on provisional bail and would produce the proof of such payment along with a certificate of the bank that he had deposited the entire amount of Rs. 2,99,629/- his provisional bail shall be confirmed. It is however made clear that one of the bailer of the petitioner must be Yadvendra Kumar Singh, brother of the petitioner, who is the deponent of the affidavit of this bail application. Subject to the aforesaid conditions, observations and directions this application is allowed. . Abhay Kumar ( Mihir Kumar Jha, J.)