LAWS(PAT)-2021-1-77

KESHAV KUMAR Vs. STATE OF BIHAR

Decided On January 29, 2021
KESHAV KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The learned counsel for the parties were heard at length on 27/1/2021 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 Sec. 120(B) read with Sec. 420 of the Indian Penal Code and Sec. 13(2) read with Sec. 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 8/7/2015 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:-