IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13166 of 2010 ANAND KISHORE Versus C.B.I.BIHAR,PATNA ----------- 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 applied for and was sanctioned cash credit facility of Rs. 10 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 6 months in installments. In support of his assertion a supplementary affidavit, has been filed today in the court and in paragraph 2 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 six months in installments. 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 / outstanding dues of the Bank is returned by the petitioner - 2 - 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 at least Rs. 2 lacs within a period of four weeks from today and balance loan amount must be deposited at least @ Rs. 1 lac per month. Entire loan amount/ cash credit facility amount is required to be repaid by the petitioner within a period of six months from today. If the petitioner deposits the first installment of Rs. 2 lacs within a period of four weeks from today, then the above named petitioner in the event of arrest or surrender in the court below within the same period shall be enlarged on provisional bail for a period of six months 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 petitioners would be obliged to surrender in the court below and seek regular bail. Further, if the petitioner defaults in making payment of monthly installment, as directed above, in that case also, his provisional anticipatory bail - 3 - shall be liable to be cancelled by the learned court below. ( Birendra Prasad Verma,J. ) M.Rahman