IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12332 of 2010 LALKUN YADAV son of Kamleshwari Yadav, resident of Village Murli Borba, P.S. Salkhua, Dist. Saharsa…Petitioner. Versus STATE OF BIHAR O.P. ----------- For the petitioner : Mr. Cr. Sinha, Sr. Advocate. For the State : Mr. Akbal Ali, A.P.P ---------- 2 6.5.2010 Heard the parties. In a criminal prosecution for offences under section 420, 467, 468, 469 and 409 of the Indian Penal Code the petitioner is alleged to have obtained a loan amount of Rs. 49,000/- from Koshi Chetriya Gramain Bank, Purnia, Bihar by putting certain lands belonging to the informant as collateral security. By reference to annexure-2, learned counsel appearing on behalf of the petitioner submits that petitoner has returned the entire loan amount to the bank and no dues certificate has been issued by the bank. He further states that no loan amount is now standing in the name of the petitioner against the land in question allegedly belonging to the informant. In view of the aforesaid submission, in the event of arrest or surrender within four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Saharsa in connection with Salkhua P.S. Case no.131 of 2008, subject to the conditions laid down under section 438(2) Cr.P.C. However, before accepting the bail bond, learned court below may get the matter inquired into from the bank concerned as to whether loan amount taken by the petitioner has been fully adjusted or not. If the loan taken by the petitioner has been fully adjusted then the bail bond shall be accepted. If the loan amount is still due against the - 2 - land in question, then in that case the bail bond furnished by the petitioner shall not be accepted and in that case the petitioner will be obliged to surrender in the court below and seek regular bail. ( Birendra Prasad Verma, J. ) M.Rahman