Sanjiv Shanker v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13149 of 2018 Arising Out of PS.Case No. -1439 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Sanjiv Shanker, aged about 50 yrs, S/o- Late Jagar Dependra Prasad, R/o706, Jagat Trade Center, Fraser Road, P.S.- Kotwali, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Siddhartha Prasad For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma For the Bank of Baroda : Mr. Ravi Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2018 The petitioner is apprehending his arrest in connection with Sasaram Town P.S. Case No. 1439 of 2017, registered for offences punishable under Sections 406, 420, 467, 471 and 34 of the Indian Penal Code.

Petitioner is a valuer of the Bank and allegation against him is that he in collusion with the co-accused of this case mortgaged the papers of three properties, out of which two properties were found to be already sold.

It has been submitted on behalf of the petitioner that he has nothing to do with the allegation he is a registered valuer empanelled for valuation of properties by Bank of Baroda in Bihar region and role of any valuer is limited only to the extent of the valuation of the property and nothing more. No any specific

Patna High Court Cr.Misc. No.13149 of 2018 (4) dt.19-04-2018 2/2 allegation has been alleged against him and merely on suspicion he has been made accused in this case. The panel advocate verified the right title interest and the Bank official, who conducted site visit before sanction of loan.

Learned counsel appearing on behalf of the Bank opposed the prayer for bail and submitted that the petitioner has not even gone to inspect the properties and has given false reports. Having heard both sides, considering the facts and circumstances of the case, let petitioner surrender before the court below within a period of six weeks and on his surrender the court below shall release him on provisional bail to his own satisfaction with condition that if the chargesheet is being submitted against the petitioner, the petitioner shall have to surrender before the court below and pray for regular bail, which will be considered by the court below on the basis of materials available at that time. With the above direction, this application is disposed of. (Vinod Kumar Sinha, J) sunil/- U T