Virendra Kumar @ Virendra Kumar Singh v. The Central Bureau Of Investigation
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31160 of 2018 Arising Out of PS.Case No. -2 Year- 2017 Thana -C.B.I CASE District- PATNA ====================================================== Virendra Kumar @ Virendra Kumar Singh, S/o Lalan Prasad Singh, R/o Mohalla- Rukunpura, P.S.- Rupaspur, District- Patna. .... .... Petitioner/s
Versus
The Central Bureau of Investigation.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Bipin Kumar Sinha (SC,CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in RC02(S)/17 (Spl. 01/18) instituted for the offence under Sections 120B, 419, 420, 467, 468 and 471 of the Indian Penal Code. It is alleged by the informant in the written report, dated 27.3.2017, that the accused persons committed fraud, cheating, forgery, criminal conspiracy and impersonation for wrongful gain to themselves and wrongful loss to the Bank to the tune of Rs.400.73 lakhs as on the date of Non Performing Assets (NPA). It is alleged that accused Krishna Bihari Prasad Sinha and Rajesh Ranjan, Directors of the Company M/s Priyadarshi Commercial Pvt. Ltd., approached the Bank in the year 2015 for credit facilities and on being approached, the Bank on 8.8.2015
Patna High Court Cr.Misc. No.31160 of 2018 (4) dt.02-07-2018 2/3 had sanctioned credit facilities for Rs.400 lakhs and accordingly they have availed cash credit facility. It is further alleged that in order to secure credit facility one Pintu Kumar had created registered mortgage of the property and also guaranteed for repayment of the said loan. It is alleged that the accused persons failed to regularize the loan accounts as a result of which the loan accounts had been slipped to NPA on 30.6.2016. The accused persons also disposed of the hypothecated assets without the consent of the Bank with a view to defraud, cheat the Bank which caused wrongful loss to the Bank and wrongful gain to petitioner and other accused to the tune of Rs.400.73 lakhs.
Learned counsel for the CBI has appeared and submitted that during investigation it has come that petitioner impersonated Pintu Kumar Yadav, actual owner of the property and executed Mortgage deed dated 4.8.2015 before Sub Registrar, Danapur, Patna, in favour of Punjab National Bank with respect to the property owned by Shri Pintu Kumar Yadav. Shri Nikhil Priyadarshi identified the petitioner as Pintu Kumar Yadav in the said Mortgage deed. The photograph of the petitioner and Nikhil Priyadarshi are appearing in the computerized sheet printed at the office of Sub Registrar at the time of execution of Mortgage deed.
Patna High Court Cr.Misc. No.31160 of 2018 (4) dt.02-07-2018 3/3 grant anticipatory bail to the petitioner.
Prayer for anticipatory bail of the petitioner stands rejected.
Petitioner may surrender before the court below and make prayer for regular bail.
(Sanjay Priya, J) S.Ali/- Rohit Kr.
U T