Patna High Court - Orders
Abdul Ghani @ Ghani Khan vs State Of Bihar on 2 July, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10005 of 2010
ABDUL GHANI @ GHANI KHAN
Versus
STATE OF BIHAR
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4 02.07.2010. Heard the petitioner and the CBI.
The petitioner has been made accused in a case under sections 120B, 409, 418, 419, 420, 468, 471, 477A of the Penal Code and section 13(2) read with 13(1)(d) of the P.C. Act.
By a combined maneuvering of bank officials and touts Rs.1.68 crores is alleged to have been defalcated from Bank of India, Katihar Branch. It would appear from the combined reading of the FIR and charge sheet that on basis of fake title deeds loan were sanctioned and disbursed to 46 persons. These title deeds and other related fake papers were arranged by D.K.Mandal, the then Branch manager through touts, namely, Ajeet Kumar Singh, Arun Kumar Singh, Deepak Yadav, Kanchan Kumar Yadav and the petitioner. The title deeds were verified by the bank lawyers.
The petitioner submits that (Saquib Hussain), advocate of the bank and similarly situated co-accused Ajeet Kr.Singh,(one of the touts) have already been allowed bail by different benches of this Court vide orders dated 23.11.2009 and 27.5.2010, passed in Cr.Misc.Nos. 38373/2009 and 19223/2010, and petitioner is in custody since 18.2.2010.
Counsel for the CBI does not controvert that the aforesaid tout and two lawyers who had verified the fake title deeds, namely, S. N. Jha and Saquib Hussain have been allowed anticipatory and -2- regular bail respectively.
It appears that petitioner is alleged to have benefited by routing Rs.1 lakh, whereas co-accused Ajeet Kr.Singh benefited by routing Rs.2.50 lakh in respect of loan advances to Dinesh Kumar Raman.
Taking into consideration that co-accused Ajeet Kr. Singh, a tout has already been allowed bail by a bench of this court, let the petitioner (as above) who is almost similarly placed be released on bail on furnishing bail bond of Rs.5000/-(five thousand) with two sureties of the like amount each to the satisfaction of Special judge, CBI, North Bihar, Patna in Special case no. 07 of 2007 ( RC 9A of 2007).
Petitioner would not be absent for two consecutive dates at a stretch till the stage of framing of charge.
Shashi. (Samarendra Pratap Singh, J.)