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Patna High CourtCR. MISC./35004/2023allowed

Saurabh Kumar v. The Central Bureau Of Investigation

2023-09-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35004 of 2023 Arising Out of PS. Case No.-9 Year-2018 Thana- C.B.I CASE - TR District- Patna ====================================================== Saurabh Kumar Son Of Ravindra Prasad @ Ravindra Kumar Resident Of Village- Kailashpuri Road No. 2 , Hanuman Nagar, Kankarbag, Ps- Patrkkar Nagar, Distt- Patna ... ... Petitioner/s

Versus

1.

The Central Bureau Of Investigation India 2.

The General Manager, Union Bank, Mumbai Mumbai 3.

The Deputy General Manager, Union Bank, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rina Sinha For the Opposite Party/s :

Ms. Nivedita Nirvikar Ms. Sheela Sharma Mr. Shivendra Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner, learned counsel for the Bank and learned counsel for the C.B.I.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 120(B), 420, 467, 468 and 471 of the Indian Penal Code.

3. As per the prosecution case, loans were sanctioned on the names of the fictitious firms against property of Mrs. Masushami Vishvash and under the proprietorship of Mr. Nirbhay Puri and guarantee of Mrs. Maushami Vishvas without their knowledge in the connivance of the petitioner and other middle men.

Patna High Court CR. MISC. No.35004 of 2023(4) dt.18-09-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is the intern of the C.A., namely, Vijay Kumar Yadav and the petitioner used to visit respective Banks to collect the details and used to submit it to his C.A., except this the petitioner has no concern with the alleged occurrence. Similarly situated co-accused have been enlarged on anticipatory bail by this Court vide order dated 22.06.2023 passed in Cr. Misc. No. 7381 of 2023. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned counsel for the Bank and learned counsel for the C.B.I. opposed prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that similarly situated co-accused has been granted anticipatory bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is

Patna High Court CR. MISC. No.35004 of 2023(4) dt.18-09-2023 3/3 pending/successor Court in connection with Special Case No. 01 of 2021 arising out of C.B.I. Case No. RC-9 (S)/2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T