IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43703 of 2008 GODHAN TIWARY Versus STATE OF BIHAR ----------- 2. 21.11.2008 Heard Sri Prabhat Kumar Singh, Advocate for the petitioner and the learned A.P.P. for the State. The allegation against the petitioner is that by furnishing a forged and fabricated land possession certification he obtained a loan of Rs.1,50,000/- from the complainant’s bank under the Kisan Credit Card. The land for which the possession certificate was produced, was hypothecated to the bank. The petitioner did not pay up any instalment of the loan amount and dilly-dallied with the request of the bank towards payment of the instalments that led to an enquiry by one of the branches of the bank and thereafter it was found out that the land did not belong to the petitioner and that the certificate of possession was forged and fabricated and that the same had not been issued by the Anchal Office. Thereafter the case was lodged. The contention is that the petitioner is in custody and the bank has also initiated a certificate proceedings for the recovery of the advanced loan amount with interest. The further contention is that if the petitioner is kept in confinement, he will not be paying up the total dues which could be due to him to the bank and that could further compound the condition of the petitioner on account of not replying to the notices under the certificate proceedings. It may be true that the petitioner could be facing some difficulties but that could not be any ground for directing the release of - 2 - the petitioner on bail. If the petitioner pays up the total dues which he owes to the bank as the principal loan amount as also with interest besides the cost of the certificate proceedings, in three equal monthly instalments, then in that case the petitioner could be enlarged on bail by the C.J.M. Bhojpur, Ara in connection with Narayanpur P.S.Case No.15 of 2005. The court below could release the petitioner provisionally on deposit of the first instalment and thereafter continue the order of provisional acceptance of bond till the whole amount is found liquidated in the manner as noted above. In case there is breach of the above condition the court may proceed against the petitioner in accordance with law by canceling his bond to commit him to custody. B.Kr. ( Dharnidhar Jha, J. )