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Ashok Ram vs The State Of Bihar on 31 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21176 of 2019
Arising Out of PS. Case No.-440 Year-2018 Thana- MANER District- Patna

Ashok Ram, S/o Late Bijuli Ram, Resident of Village – Bhawani Tola, P.S.-
Maner, Distt. – Patna.
… … Petitioner/s
Versus
1. The State of Bihar
2. Priti Rani Branch Manager, State Bank of India, Maner, Patna Pin-801108
… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr.Ranjeet Tiwary
For the Opposite Party/s : Mr.Raj Ballabh Singh

CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER

5 31-07-2019 Heard learned counsel for the petitioner, learned APP

for the State and learned counsel for the informant.

The petitioner is apprehending arrest in a case

registered for the offences punishable under Sections 406 and

Section420 of the Indian Penal Code.

The prosecution case as per the written report of Priti

Rani, the then Branch Manager, State Bank of India, Maner

Branch submitted to the Station House Officer, Maner Police

Station is to the effect that the petitioner, Ashok Ram was

granted gold loan on 19.11.2014 for the agriculture purposes to

the tune of Rs.1,85,000/- but he never repaid the loan amount

and became non-performing assets and consequently, the purity

of the gold deposited by the petitioner was verified by Ginni

Gold House, a Gold Jewellery Shop at Patna and on
Patna High Court CR. MISC. No.21176 of 2019(5) dt.31-07-2019
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verification, the deposited gold was found only 25%-30% pure,

hence, it is alleged that the petitioner by playing fraud got the

loan sanctioned.

It is submitted by learned counsel for the petitioner

that the loan was given in lieu of deposit of 120 gms gold by the

petitioner and only after verification of its purity, the loan was

sanctioned to the petitioner but deliberately, the bank got a

promted purity test report obtained to make a ground to lodge

criminal case. Since the loan was sanctioned after due

verification of purity of the gold in question hence, no offence

under Section 420 IPC is made out. It is the petitioner who

deposited gold hence, there is no entrustment to the petitioner.

In the circumstances, no case under Section 406 IPC is made

out.

Learned counsel for the informant submits that the

petitioner, in fact, deposited the fake and impure gold and

received the loan in lieu thereof. Moreover, he never repaid the

loan amount, hence, he committed forgery upon the bank. The

informant, who is Branch Manger of the bank, is present in

Court and accepts this fact that such kind of loan is being

sanctioned only after purity of the gold is tested by the

authorized dealer but no such verification report with regard to
Patna High Court CR. MISC. No.21176 of 2019(5) dt.31-07-2019
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purity of the deposited gold in question is available in the bank.

Moreover, other persons have also obtained loan in similar

fashion. It is further submitted that public money is being

siphoned of by misusing the process of the bank by such

loanees. However, departmental proceeding has been initiated

against the bank officials.

Considering the rival submissions of the parties,

since this is not in dispute that the procedure for granting

gold loan is to sanction loan only after obtaining the purity

report of the gold so deposited but the same is not available in

the bank, hence, the presumption is against the bank officials,

who mismanaged the whole procedure but the bank officials,

who sanctioned the said loan or in whose custody, the gold

was being kept, have not been made accused in the present

FIR, coupled with the statement made in paragraph 3 of

the petition that the petitioner is not having any criminal

antecedent, let the above named petitioner be released on

anticipatory bail in the event of arrest or surrender before the

learned Court below within a period of twelve weeks from

today, on furnishing bail bonds of Rs.10,000/- (Ten thousand)

with two sureties of the like amount each, and cash surety of

Rs.1,00,000/- deposited before the learned Court below
Patna High Court CR. MISC. No.21176 of 2019(5) dt.31-07-2019
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which will be subject to the result of the case, to the

satisfaction of learned Judicial Magistrate, Ist Class, Danapur in

connection with Maner P.S. Case No. 440 of 2018, subject to the

conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J)
DKS/-

U T

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