IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31385 of 2011 ====================================================== 1. Mahendra Tiwary 2. Birendra Tiwary Both sons of Ram Bilas Tiwary, resident of village- Deorarh, P.S. Chenari, District- Rohtas. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Asghar Najmi, Adv. For the Opposite Party/s : Mr. D. Mehta, Addl. P.P. For the Complainant : Mr. Krishna Pd. Singh, Sr. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 15-10-2011 Heard. The petitioners apprehend their arrest in a criminal prosecution, based on a complaint petition, in which cognizance has been taken under Section 420 and 468 of the Indian Penal Code. Learned counsel for the petitioners submits that the allegation, as disclosed in the complaint petition, that the petitioners have fraudulently withdrawn the loan amount in the name of the complainant and other villagers, does not appear to be correct. It is also submitted that a Title Suit has been filed by the petitioners against a large number of villagers and thereafter the present complaint petition, vide Annexure-1, was filed. Learned Additional Public Prosecutor appearing on behalf of the State as also learned counsel appearing on behalf of the complainant, in one voice, have strongly opposed the prayer for anticipatory bail made on behalf of the petitioners. It is submitted Patna High Court Cr.Misc. No.31385 of 2011 (2) dt.15-10-2011 2 on their behalf that as a matter of fact, the petitioners obtained signatures from the complainant and a large number of villagers for getting Kisan Credit Card issued by the Bank and for getting loan sanctioned for them. It is also highlighted that on the basis of the aforesaid signatures, the Kisan Credit Cards were allegedly issued in the name of different farmers and subsequently, these two petitioners, in collusion with the Branch Manager of Central Co-Operative Bank, fraudulently withdrawn huge amount of money in the name of the farmers, but entire amount were misappropriated by the petitioners and the Bank officials and were never handed over to the villagers/ farmers. In the facts and circumstances of the case and in view of nature of allegation, this Court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. It is, accordingly, rejected. The petitioners are hereby directed to surrender in the court below within a period of four weeks from today in connection with Complaint Case No. 1343 of 2010, pending in the court of learned Chief Judicial Magistrate, Rohtas at Sasaram and, if so advised, seek regular bail, which shall be considered on its own merit, without being prejudiced by the present order. BTiwary/- (Birendra Prasad Verma, J)