Patna High CourtCR. MISC./45084/2024allowed

Ram Sundar Singh @ Ramsundar Singh v. The State Of Bihar

2024-09-21Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45084 of 2024 Arising Out of PS. Case No.-1190 Year-2014 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Ram Sundar Singh @ Ramsundar Singh, male, aged about 69 years, son of Late Gauri Shankar Singh, resident of Q.N. 267, A.P. Colony, P.S.- Rampur, Dist.- Gaya ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Vardhan, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No.1190 of 2014 dated 23.12.2024, instituted under Sections 323, 341, 420, 467, 468, 471, 504/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other co-accused under criminal conspiracy mortgaged the land of the complainant by impersonating her and rupees ten lakh was withdrawn from Punjab National Bank, Mehandiya Branch as well as rupees ten lakhs from Punjab National Bank, Belkhara Branch.

4. Learned counsel for the petitioner submits that the petitioner is a retired Bank Manager. At the time of sanctioning

Patna High Court CR. MISC. No.45084 of 2024(3) dt.21-09-2024 2/3 the alleged loan, the petitioner was posted as Branch Manager of Punjab National Bank, Belkhara Branch. It is further submitted that the alleged loan was approved in 2012 and the petitioner was transferred from that Branch in 2014. The petitioner had no knowledge about the aforesaid complaint case. Further submission is that after getting No Objection Certificate from the panel lawyer, loan was approved. It is further submitted that the petitioner had followed proper and standard procedure before sanctioning the loan of rupees four lakh fifty thousand each to co-accused Sudhir Kumar and Ajit Kumar and get the ownership of the property verified as also on getting No Objection Certificate dated 02.08.2012 from the emapnelled lawyer loan was processed by the petitioner.

It is also submitted both the loan accounts of the co-accused Sudhir Kumar and Ajit Kumar have settled now and all due amount have been paid by them in One Time Settlement and there is no dues as per No Dues Certificate dated 18.06.2024 and both the loan accounts have also been closed. It is further submitted that the learned Sessions Judge has rejected the prayer of the petitioner for anticipatory bail on the ground that processes under Section 8283 Cr.P.C. have already been issued against the petitioner. It is also submitted that the petitioner had filed Cr. Misc. No.

Patna High Court CR. MISC. No.45084 of 2024(3) dt.21-09-2024 3/3 83 of the Code of Criminal Procedure, which was allowed by order dated 20.08.2024 and the order dated 20.12.2018 and 04.01.2023 passed in Complaint Case No.1190 of 2014 was quashed by which processes under Sections 82-83 Code of Criminal Procedure was issued against the petitioner. Similarly situated co-accused, Ravindra Kumar Sinha, has been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 15.07.2016 passed in Cr. Misc. No.17242 of 2016. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, in Complaint Case No.1190 of 2014, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T