IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42426 of 2009 SAMSAD ALAM Versus STATE OF BIHAR & ANR with Cr.Misc. No.3532 of 2010 PANKAJ KUMAR Versus STATE OF BIHAR THRU.C.B.I. with Cr.Misc. No.3260 of 2010 SUNIL KUMAR SINHA Versus THE STATE OF BIHAR THRU. CBI. ----------- 5 31.3.2010 Heard learned counsel for the parties. One of the middle men namely Sanjeev Kumar Singh is refused bail in Cr.Misc.No. 45216 of 2009 whose borrowers’ documents were found fake. One of the borrowers namely Anwar Hussain is allowed bail vide Cr.Misc.No. 28817 of 2009 who undertook to deposit the amount and the Branch Manager namely Binod Singh Saumitra of the bank who really allowed loan to different borrowers is also allowed bail vide Cr.Misc.No. 28398 of 2008. Irregularity rather illegality was found in granting loan to different borrowers. Some of them are even not depositing the instalments. Now the submission of petitioner namely, Samsad Alam of Cr.Misc.No. 42426 of 2009 is that he is middle man for four borrowers namely Anwar 2 Hussain (on bail), Dev Sahai, Aftab Alam @ Pappu and Rajesh Kumar Sinha but security/documents filed on their behalf are genuine, so he cannot be equated with next middle man Sanjeev Kumar Singh of Cr.Misc.No. 45216 of 2009 whose borrowers’ documents were found fake. For petitioner namely, Pankaj Kumar of Cr.Misc.No. 3532 of 2010, it is submitted that he is making payment of his instalment regularly as a borrower and for third one petitioner namely, Sunil Kumar Sinha of Cr.Misc.No. 3260 of 2010 is said that he is neither borrower nor middle man rather was present on the spot when valuator went to evaluate the property. Valuator has not been made accused in the case along with legal expert and Bank Manager who is kingpin is allowed bail. So, in my view, refusal of anticipatory bail to all the three petitioners is not justified. Mr. Bipin Kumar Sinha, learned S.C. for the Vigilance vehemently opposed the prayer for bail of the petitioners. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above 3 named three petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, C.B.I., South Bihar, Patna in Special Case No. 8/2008/R.C.NO. 8(A) of 2008, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)