Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20135 of 2012 ====================================================== Jitesh Kumar Singh .... .... Petitioner/s Versus Central Bureau Of Investigatio .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.28720 of 2012 ====================================================== Rajesh Kumar Singh @ Munna Babu .... .... Petitioner/s Versus The State Of Bihar Through Cen .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.29682 of 2012 ====================================================== Rakesh Kumar Singh @ Tunna Babu .... .... Petitioner/s Versus The State Of Bihar Through Cen .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 9 27-09-2012 Petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] and Sections 13(2), 13(1)(d) of the Prevention of Corruption Act. It is alleged that Shiv Shankar Ram, the then Branch Manager of Central Bank of India, Amwara Chowk Branch, Muzaffarpur entered into criminal conspiracy with the bank officials as well as with the petitioners and Ram Pravesh Rai and sanctioned loan/over draft facility and bank Patna High Court Cr.Misc. No.20135 of 2012 (9) dt.27-09-2012 2 / 5 2 guarantee on the basis of fake documents and thereby causing loss to the bank to the tune of Rs. 11,87,70,415/- and corresponding gains to the petitioners and Ram Pravesh Rai. It is submitted by learned counsel for the petitioners that the over drafts and loans were sanctioned/given by the bank after due formalities when the bank has filed the case before the Debt Recovery Tribunal being O.A. No. 121 of 2011, when in paragraph No. 6 of the said O.A. application, the bank has confined its claim into a simple case of debt. The paragraph No. 6 of the O.A. application reads as follows:- “That in the facts and circumstances stated hereinabove, it is crystal clear that the applicant Bank had sanctioned loan by way of overdraft in course of its banking business with defendant no. 1/defendants, but the defendants in collusion with the then Branch Manager had committed certain acts of omission and commission amounting to illegalities resulting into withdrawal of huge amount of money without proper documentation and in flagrant violation of rules and the banking system. In any view of the matter, it is crystal clear that all the defendants are jointly and severally liable to Patna High Court Cr.Misc. No.20135 of 2012 (9) dt.27-09-2012 3 / 5 3 pay the debts due to the applicant bank in both the said OD Accounts in accordance with the terms and conditions applicable to OD Accounts” It is further submitted that money suit No. 9 of 2010 has been filed by Ram Pravesh Rai through his company against the petitioner Rajesh Kumar Singh and another. Moreover the investigation has been concluded and chargesheet has been submitted when the thrust of accusation is against Ram Pravesh Rai who has been granted anticipatory bail by learned Court below vide order dated 09.05.2012 as contained in Annexure-9 to the application and the case of petitioners are on better footing. It is submitted on behalf of petitioner Ram Pravesh Rai that fraudulently, without his signature the cheques were presented by petitioner Rajesh Kumar Singh when he was absent from the town. It is further submitted that this accused is not opposing the bail application of Jitesh Kumar Singh and the bank officials admitted that the cheques bears the signature of Rajesh Kumar Singh. Moreover it is submitted that Ram Pravesh Rai has lodged a police case being Patilputra P.S. Case No. 06 of 2010 against Rajesh Kumar Singh though he is on bail in the said case. Mr. Bipin Kumar, learned counsel for C.B.I. submits that the petitioners in conspiracy with the bank Patna High Court Cr.Misc. No.20135 of 2012 (9) dt.27-09-2012 4 / 5 4 officials opened OD accounts availed overdrafts in illegal and improper manner without any proper security on the basis of fake documents without making payment of charges to the bank and thereby caused loss to the bank to the tune of Rs. 11,87,70,415/- It is further submitted that the filing of case before the Debt Recovery Tribunal or the Money Suit will not evaporate the act of fraud committed by petitioners and Ram Pravesh Rai in conspiracy with the bank officials which caused huge loss to the bank. Considering the rival submissions of the parties, the admitted fact that the investigation is complete and this is not the case of prosecution that the petitioners did not cooperate during investigation, the present stand of the bank before the Debt Recovery Tribunal and the accused Ram Pravesh Rai against whom there is accusation of making over draft, being granted anticipatory bail by learned Sessions Judge, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I.-1, Patna in connection with Special Case No. 7 of 2011, arising out of R.C. Case No. 10(A) of 2010. Patna High Court Cr.Misc. No.20135 of 2012 (9) dt.27-09-2012 5 / 5 5 The bail bonds of the petitioners will be cancelled by learned Court below, if they fail to appear during the trial on three consecutive occasions. Shageer/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 408

Statute Text:
Section 408 of the Indian Penal Code. Criminal breach of trust by a clerk or servant. Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.