Osama Siddique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30880 of 2024 Arising Out of PS. Case No.-397 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Osama Siddique SON OF Shakeel Ahmad @ shakil Ahmad Siddique RESIDENT OF VILLAGE- CHANDANPATTI, PS- HAYAGHAT, DISTDARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 420, 467, 468, 471, 406, 409, 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that as per R.B.I. instruction, the State Bank of India launched 'Agricultural Gold Loan Scheme' for the purpose of providing loan to farmers at low interest rate, for which, the bank authorized a valuer to check and verify the purity of gold ornaments, pledged by the borrowers, and thereafter, issue certificate indicating the value of the gold ornaments and on that basis, the bank used to provide loan to them. It is alleged that petitioner in connivance with authorized valuer of the Bank got false and fabricated
Patna High Court CR. MISC. No.30880 of 2024(2) dt.28-06-2024 2/3 certificate of fake impure gold ornaments as pure gold ornament and misappropriated the loan amount of the Bank.
4. It is submitted on behalf of petitioner that he is innocent and has falsely been implicated in this case. As a matter of fact, petitioner has taken loan from the concern bank after mortgaging his pure gold in the said bank but the bank staff and informant replaced his pure gold with impure gold and has never returned the same. It has further been submitted that petitioner after depositing the loan amount has obtained 'No Dues Certificate' on 15.12.2023 from the bank and his account has been closed. Similarly situated co-accused persons have already granted bail by this Court vide order dated 18.07.2022 in Cr. Misc. No. 72207 of 2022.
5. However, learned counsel for the opposite party vehemently opposed the prayer for anticipatory bail to the petitioner.
6. Considering the fact that similarly situated coaccused has already been granted bail by this Court and the loan amount has already been deposited by this petitioner, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.30880 of 2024(2) dt.28-06-2024 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Laheriasarai, District - Darbhanga in connection with Laheriasarai P.S. Case No. 397 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T