Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20909 of 2025 Arising Out of PS. Case No.-1001 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Arvind Kumar Singh S/o Shyama Kant Singh Resident of Ward No. 02, Majhariya, Pipra, District - East Champaran, Bihar - 845429., P/A- Posted as Manager, Sriram Finance, Balua Chawk Opp. Durga Mandir Ps- Town Motihari East Champaran 2.

Rambhu Kumar S/o Kapildeo Prasad Yadav Jamuniya, Khairimal, P.O. Kharimal, District - East Champaran, Bihar - 845416. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunny Kumar S/o- Shiv Shankar Singh Village- Sirauna Ps- Sikarganj DistEast Champaran P/A- Shiv Shankar Readymade, Sikarganj Ps- Sikarganj Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar For the State :

Mr. Shahabuddin Azeem @ A. Azeem, APP For the O.P. No.2 :` None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-08-2025

1. Heard the parties.

2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 1001 of 2023, registered under Sections 341, 323, 326, 307 and 504/34 of the Indian Penal Code.

3. As per complaint case, petitioner nos. 1 and 2 are the Branch Manager and Marketing Executive, respectively, of

2/4 the Sri Ram Finance, Balua Chowk Branch, Motihari. In the year 2022, the petitioner no. 2 arrived at the shop of the complainant and persuaded him to grow business. The complainant agreed to take loan of Rs. 13 Lakhs from the Sri Ram Finance Company and petitioner no. 2 told that the loan has been sanctioned @ 7% interest annually. Further allegation is that the petitioner no. 2 demanded bribe of Rs. 39,000/- for sanctioning the loan amount. Thereafter, complainant paid Rs. 35,000/- through Phone Pay and Rs. 4,000/- as cash.

4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in this case. Petitioners are the Officers of the Sri Ram Finance Company Limited duly registered under the Companies Act, having branch office at Balua Chowk, Motihari. The allegation against the petitioners are false and fabricated and have been alleged with malafide intention by the complainant to evade from his liability. The complainant is not paying the installment/EMI of loan regularly and when the petitioner no. 2 visited the shop of the complainant and demanded the EMI of loan amount, the present complaint has been filed in order to harass the petitioners. Insofar as allegation regarding payment of Rs. 50,000/- to the petitioner no. 1 is concerned, learned

3/4 counsel submits that petitioner no. 1 neither demanded any money nor such transaction, as alleged by the complainant, ever took place between the petitioner no. 1 and the complainant. However, complainant was required to pay the processing fee and charges against the Stamp duty etc. which is part of the processing/legal fee which he paid through account transfer to the petitioner no. 2 to the tune of Rs. 35,000/- only.

5. Despite service of notice, no one appeared for the complainant/opposite party no. 2.

6. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.

7. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioners are the officers of the Sri Ram Finance Limited Company, I am inclined to grant privilege of anticipatory bail to the petitioners.

8. This application is, accordingly, allowed.

9. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,

4/4 1st Class, East Champaran at Motihari, in connection with Complaint Case No. 1001 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) Ranjeet/- U T