Keshav Kumar vs State Of Bihar - 2021 Supreme(Pat) 809

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 809

IN THE HIGH COURT OF PATNA
Mohit Kumar Shah, J.
Keshav Kumar - Appellant
Vs.
The State Of Bihar And Others - Respondent
Criminal Miscellaneous No. 17107 of 2020
Decided On : 29-01-2021

Advocates:
Advocate Appeared:
For the Appellant :Mr. Madhumay Madhup, Advocate, Mr. Ram Prawesh Kumar, Advocate
For the Respondent:Mr. Chandra Sen Prasad Singh, A.P.P., Mr. Bipin Kumar Sinha, Advocate

Headnote:
Code of Criminal Procedure, 1973 – Section 438 – Anticipatory bail petition – Special Case for offence registered under Section 120(B) read with Section 420 of IPC and Section 13(2) read with Section 13(1)(d) of P.C. Act, 1988 – Petitioner was Branch Manager of Bank at the relevant time and ample materials are available on record to prima facie show that he dishonestly and fraudulently sanctioned and disbursed valuable security loans without availability of deposits/ security and that too beyond delegated powers, he engaged in criminal breach of trust and by abusing his official position caused wrongful loss to Bank – Prima facie case for offences alleged is definitely made out as against petitioner – While considering question of grant of bail, not only detailed consideration of evidence should be avoided since it is not a relevant consideration but defence of accused can also not be looked into inasmuch as what is to be considered is FIR, case diary, charge sheet and materials available on record – Considering gravity of allegations bail petition dismissed. (Paras 2 and 11)
(2018) 12 SCC 129 ; (2018) 10 SCC 516 – Relied.

ORDER :

1. The learned counsel for the parties were heard at length on 27.01.2021 and the present case has been listed today 'For orders'.

2. The petitioner apprehends his arrest in connection with Special Case No. 08 of 2017 arising out of R.C. Case No. 04(A) of 2017 for the offence registered under Section 120(B) read with Section 420 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

3. The case of the prosecution in brief, according to the complaint made by the Deputy General Manager, Canara Bank, Circle Office, Patna before the Superintendent of Police, Economic Offence Wing, C.B.I., Ranchi is that during the course of risk based internal audit of Aurangabad Branch of Canara Bank, certain irregularities regarding non-availability of securities, non-availability of loan documents, sanction of loans beyond delegated power and violation of norms and guidelines of the bank were reported and instances of indiscriminate lending were also discovered. It is alleged that the Aurangabad Branch of Canara Bank had sanctioned various loans including loan against securities (Valuable Securities Loan i.e. V.S.L.) amounting to a sum of Rs. 1,710.04 lakhs without securities/deposits and without complying with the terms and conditions of sanction to M/s Hari Om Constructions, M/s Chandi Enterprises, M/s K.R. Automobiles, Mr. Pankaj Kumar Singh and Bijay Kumar Singh. It is alleged that the aforesaid Pankaj Kumar Singh and Bijay Kumar Singh are partners of M/s Hari Om Constructions and M/s Chandi Enterprises. It is also alleged that during the course of internal investigation of the Aurangabad Branch, it was revealed that the aforesaid loans were illegally sanctioned during the period 14.11.2011 to 08.07.2015 i.e. during the tenure of the then Branch In-Charge Shri. Keshav Kumar i.e. the petitioner herein. The petitioner is alleged to have sanctioned loans with ulterior motive and malafide intentions and he had apparently connived with the aforesaid borrowers and resorted to widespread irregularities/fraud/sanction of loans beyond the delegated power and violation of credit norms with the intention to cheat the bank. It is further alleged that during the course of investigation, the following irregularities were noticed:-

"1. Granting of Value Secured Loans (VSL)/Overdraft (OD) against deposits/approved securities without availability of deposits/ other approved securities in the following accounts:

(a) M/s Hari Om Constructions-OD against deposits-Rs. 50.00 lakhs, 15 VSLs amounting to Rs. 850.00 lakh

(b) M/s Chandi Enterprises-3 VSLs amounting to Rs. 144.06 lakh

(d) Sri Bijay Kumar Singh-VSL of Rs. 49.00 lakh

2. Two Term Loans were sanctioned to M/s Hari Om Constructions amounting to Rs. 497.00 lakh Additional collateral security as per sanction is not obtained and amount released. Subordination of unsecured loan was not obtained. Repayment was fixed for a higher period than as per sanction. Additional EMT of Collateral Security not created. Further sanction was given for purchase of 10 numbers of HYVA but only 8 purchased.

3. Sri Pankaj Kumar Singh has been sanctioned with Canara Vehicle loan of Rs. 5.00 lakh and LHV of Rs. 17.70 lakh of which the Canara Vehicle loan has since been closed. Neither CGTMSE cover nor other collateral securities were obtained.

4. Sri Bijay Kumar Singh has been sanctioned with Canara Vehicle loan of Rs. 5.00 lakh and LHV of Rs. 17.70 lakh. Neither CGTMSE cover nor other collateral securities were obtained.

5. Smt. Jaya, w/o Sri Keshav Kumar is one of the partners in the firm M/s K.R. Automobiles to whom VSL/Loans were sanctioned without availability of deposits/other approved securities.

6. M/s Hari Om Constructions and M/s Chandi Enterprises are group accounts of M/s K.R. Automobiles where Smt. Jaya is a partner. VSLs were sanctioned to the group without availability of deposit/ other approved securit