Pramod Kumar Choudhary v. The State Of Bihar Through Central Bureau Of Investigation, Bihar, Patna

Patna High Court Cr.Misc. No.51102 of 2014 (4) dt.13-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51102 of 2014 Arising Out of PS.Case No. -15 Year- 2012 Thana -C.B.I CASE District- PATNA ======================================================

1. Pramod Kumar Choudhary S/o Late Ghuran Choudhary, R/o Village + P.O.- Deopura, P.S.- Benipatti, District- Madhubani; Presently B/406, Pushpanjali Apartment, North Mandiri, Patna, P.S.- Budha Colony, DistrictPatna .... .... Petitioner/s

Versus

1. The State of Bihar through Central Bureau of Investigation, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Jee Mishra For the Opposite Party/s Mr. Bipin Kumar Sinha (SC CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 13.04.2015 Heard learned counsel for the petitioner as well as learned counsel for the CBI.

It is an admitted case that term loan of Rs 90/- lakhs and cash credit facility of Rs 150/- lakhs were sanctioned in favour of M/s Base Line Petroleum limited and one Arvind Kumar Choudhay and two others are Directors of the aforesaid company. So far as the petitioner is concerned, allegation against him is that he got opened a fake account in the name of M/s Standard Engineering Works in Bank of India and sanctioned loans were deposited in the said account and later on, said drafts were withdrawn by the above stated account holder.

Learned counsel for the petitioner submits that, as a matter of fact, it was co-accused Arvind Kumar Choudhay, who played entire game and got opened fake account in the name of the petitioner. It is

Patna High Court Cr.Misc. No.51102 of 2014 (4) dt.13-04-2015 also pointed out by him that the petitioner was made accused with similar allegation in Special case no. 9/2012, RC no. 16A/2012 and in the aforesaid case, he was granted privilege of bail by a coordinate bench of this court vide order dated 5.2.2015 passed in Cr. Misc. no. 106/2015.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that loans were sanctioned in favour of M/s Base Line Petroleum limited and forged documents were produced by Director of the aforesaid company, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge CBI- I, Patna in Special case no. 08/2012/ RC no. 15A/2012.

shahid (Hemant Kumar Srivastava,J) U T