VISHNU BHAGWAN PATHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ananda Sen, learned counsel in A.B.A. No. 3645/2015 and Mr. Vineet Kumar Vashistha, learned counsel in A.B.A. No. 3647 of 2015 for the petitioners and Mr. Rakesh Kumar, learned A.P.P. for the State in both the cases.

(2.) Petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in connection with Bistupur P.S. Case No. 99 of 2015 (G.R. No. 1279 of 2015) registered for the offences punishable u/s 406, 420, 467, 468, 471 and 34 of the Indian Penal Code.

(3.) The allegation made in the F.I.R. by the Senior Manager, Oriental Bank of Commerce, Bistupur, Jamshedpur is to the effect that cash credit loan of Rs. 15 Lakhs was applied for by co -accused Rakesh Jha which was sanctioned by the bank on 24.9.2012. It is alleged that Rakesh Jha mortgaged his flat No. 3/B, 3rd Flat, Dropadi Complex, Red Fort Apartment, Dimna Road, Mango, Jamshedpur for the purposes of said loan. Since the loan was not paid by Rakesh Jha and the loan amount was declared N.P.A. (Non Performing Assets) the total outstanding against this loan account including interest was Rs. 17,39,627.00 on 28.2.20915. It has been alleged that when verification was made by the bank authorities, they could detect that the flat number was changed as 1/3, 3rd Floor and the said flat was in possession of Ram Narayan Pandey (petitioner in ABA No. 3647 of 2012) as it was registered in the name of said petitioner by the builder, namely, Vishnu Bhagwan Pathak (petitioner in ABA No. 3645 of 2015) vide registered sale deed No. 3316 dated 3.7.2012.