IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16539 of 2010 ADITYA NARAYAN SINGH Versus STATE OF BIHAR THRU.C.B.I. ----------- 2 21.5.2010 A supplementary affidavit has been filed on behalf the petitioner. Let it be kept on record. Heard the parties. 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 the petitioner had obtained cash credit facility of Rs. 7 lacs, from Allahabad Bank, Patliputra Branch, Patna. It is alleged that for securing the aforesaid cash credit facility, he had produced certain title deeds by way of collateral securities, but the same were found to be fake and forged one. The learned counsel for the petitioner submits that without going into controversy about the quantum of deposit made by the petitioner, in fact, the entire loan amount /cash credit facility amount, as per the calculation made by the Bank, shall be repaid by the petitioner within two weeks. In support of such assertion, a supplementary affidavit has been filed today in the court and in paragraph 2 and 3 of the supplementary affidavit, it has been clearly stated that the petitioner is willing and ready to repay the total outstanding dues of the Bank within two weeks from the date of order of this Court. Learned counsel for the C.B.I., though opposed the prayer for anticipatory bail made on behalf of the petitioners, has fairly conceded that if - 2 - the entire loan amount / outstanding dues of the Bank is returned by the petitioners within the time fixed by this court, then this court may consider his prayer for grant of anticipatory bail provisionally for some period and only on actual payment of the entire amount that provisional anticipatory bail may be confirmed. Be that as it may, in the aforesaid facts and circumstances, the petitioner is directed to deposit entire outstanding dues of cash credit facility/ loan amount of the Bank latest by 15th July 2010. If the entire outstanding dues is paid by the petitioner by 15th July 2010, then within the same period, the above named petitioner in the event of arrest or surrender in the court below shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of Special Judge C.B.I. (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 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. However, it is made clear that if the petitioner does not deposit the entire outstanding loan amount of the Bank within the time fixed by this court, then it will be construed that prayer for anticipatory bail made on behalf of the petitioner has finally been rejected by this court and in that case - 3 - petitioner would be obliged to surrender in the court below and seek regular bail. ( Birendra Prasad Verma,J. ) M.Rahman