Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42592 of 2012 ====================================================== Shiv Shankar Ram S/O Shri Jagdeo Ram R/O Village- Bharka, P.O & P.S- Minapur, District- Muzaffarpur, Bihar. .... .... Petitioner. Versus Central Bureau Of Investigation .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 18-12-2012 Heard learned counsels for the petitioner and Mr. Bipin Kumar, learned counsel for the C.B.I. The petitioner being the then Branch Manager of the Central Bank of India, Amwara Chauk Branch, Muzaffarpur, is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. It is alleged that the petitioner being 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 account holders and sanctioned loan/over draft facility and bank guarantee on the basis of fake documents without any sanction and thereby causing loss to the Bank to the tune of Rs. 11,87,70,415/- Patna High Court Cr.Misc. No.42592 of 2012 (3) dt.18-12-2012 2 / 3 2 and corresponding gains to the account holders Jitesh Kumar Singh, Rajesh Kumar Singh @ Munna Babu, Rakesh Kumar Singh @ Tunna Babu and Ram Pravesh Rai. It is submitted by learned counsel for the petitioner that the petitioner allowed over draft facility on the direction of superior officers when the petitioner has already been dismissed from the service for the same charges and proceeding has been initiated through the bank for recovery of debt and the same is pending before the Debt Recovery Tribunal whereas it is submitted by learned counsel for the C.B.I. that the petitioner was the king pin who opened O.D. account and allowed the account holder to avail the overdraft without any security, illegal and improper manner on the basis of fake documents when required charges were not realized and thereby caused loss to the bank to the tune of Rs. 11,87,70,415/- were caused to the bank when charges reflect that it was this petitioner who allowed illegally to others when he was posted at that branch. Without considering merit of accusation and the fact that the investigation is complete and the charge sheet does not reflect that the petitioner did not co-operate in investigation, let the petitioner, above named, be released on bail in the Patna High Court Cr.Misc. No.42592 of 2012 (3) dt.18-12-2012 3 / 3 3 event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Special Case No. 07 of 2011/R.C. Case No. 10A of 2010 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, CBI, Ist, Bihar, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Learned court below will be liberty to cancel the bail of the petitioner if the petitioner defaults for three consecutive occasions during trial. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 471

Statute Text:
Section 471 of the Indian Penal Code. Using as genuine a forged document which is known to be forged. Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document.