Abhijit Ranjan v. The State Through CBI A.C.B Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20955 of 2023 Arising Out of PS. Case No.-2 Year-2019 Thana- C.B.I CASE District- Patna ====================================================== ABHIJIT RANJAN Son of Late Devnandan Singh R/o Sushila Bhawan, Opposite Hospito India, Buddha Colony, P.S.- Buddha Colony, District - Patna.

... ... Petitioner/s

Versus

The State through CBI A.C.B Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar, Adv.

For the CBI :

Mr.Nivedita Nirvikar, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in Special Case No. 02 of 2021, RC 2(S)/19 dated 11.01.2019 registered for the offence/s punishable u/s 120B r/s sections 420, 467, 468 and 471 of the Indian Penal Code and r/w section 13(1)(a) of the Prevention of Corruption Act.

3. As per the prosecution case, 23 loans aggregating Rs. 4.44 crore was sanctioned to various parties, fake and bogus financial statements were prepared and certified by Mr. Vijay Kumar, C.A. It is further alleged that some unknown persons and the middleman connived and dishonestly cheated an amount

2/4 of Rs. 4.44 crore to the Bank on the basis of fake and bogus financial statements on the names of the non-existing firms.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up during the course of the investigation. There is no any evidence showing the involvement of the petitioner in the alleged conspiracy. It is further submitted that the petitioner has sanctioned the loans as per the norms and guidelines of the Banking company as well as the norms of the RBI. It is further submitted that the petitioner has taken collateral securities in all the loan accounts in which as per norms, collateral security is required and the petitioner has visited every place where the said units are functioning and prepared a physical inspection report.

Similarly situated coaccused has already been granted bail by the co-ordinate bench of this court vide order dated 22.06.2023 passed in Cr. Misc. No. 7415 of 2023. Learned counsel for the petitioner relies upon the judgement of the Hon'ble Apex Court passed in the case of "Santender Kumar Antil versus Central Bureau of Investigation and another' reported in (2022) 10 SCC 51".

3/4 the bail petition. It is further submitted that total 23 persons were sanctioned loan and out of them only 9 have not paid the loan amount. Learned counsel has further submitted that there is nothing on record showing that the loan was sanctioned by the then manager (The petitioner) after ignoring the recommendation of the Field Officer.

5. Learned counsel appearing on behalf of CBI has vehemently opposed the anticipatory bail petition of the petitioner and submitted that the petitioner while functioning as the Manager and Branch Head of Corporation Bank, Kankarbagh Brach, Patna and during this relevant period he sanctioned and disbursed the said loan in the name of nonexistent business entities on the basis of forged and fabricated documents.

6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna in connection with Special Case No. 02 of 2021, RC 2(S)/19, subject to conditions as laid

4/4 down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T