IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22499 of 2010 PRABODH KUMAR DUBEY, Son of Mahendra Nath Dubey, Resident of Village Chatar, P.S. Barahara, District Bhojpur. ………Petitioner Versus THE STATE OF BIHAR …….Opposite Party ----------- 03/- 15-11-2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary up to paragraph nos. 24 dated 06.11.2009. Petitioner is named accused in this case carries allegation of taking loan from the bank, finally the amount was enhanced from initial amount to Rs. 45,00,000/-. Considering his conduct and earlier dealing on different securities including four acquired properties to support such acquisition two original sale-deeds were deposited and for remaining two Xerox copy was deposited. As per allegation original copy of sale-deeds was to be deposited, which could not be done and after internal investigation by bank, it could be detected that prior to enhancement of the loan amount up to Rs. 45,00,000/- on the basis of properties for which Xerox copy of sale-deeds was filed. A housing loan of Rs. 9,50,000/- had already taken from another bank. This fact was not known to the informant bank at the time of enhancement of the loan. It is submitted by learned counsel for the petitioner that even if the original document was not filed for which in fact 2 no promise was made, no offence is made out. It is not a case of the bank that petitioner has made any default in making re- payment of installments of the loan amount, but considering the facts and circumstances, specially taking undue advantage of earlier good dealings obtaining enhancement of loan on basis of Xerox copy of the sale-deeds, concealing the fact that the original deeds were already deposited in another bank as guarantee against other loan. I find it is not a fit case where in the privilege sought may be granted, accordingly the prayer is refused. Praveen ( Akhilesh Chandra, J.)