Jitendra Kumar Chaudhary vs The State Of Bihar on 2 April, 2025

Patna High Court – Orders

Jitendra Kumar Chaudhary vs The State Of Bihar on 2 April, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.18546 of 2025
                   Arising Out of PS. Case No.-231 Year-2024 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
                 Jitendra Kumar Chaudhary Son of Nirmal Kant Chaudhary Resident Of
                 Village -Balipur Ward No 4 Police Station -Muffasil District- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Rajeev Kumar Chaudhary Son of Uday Chandra Choudhary R/o village-
                 Branch Head, Bank of Baroda, Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr.Tarkeshwar Nath Thakur, APP
                 For the Bank of Baroda :         Mr.Siddharth Harsh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   02-04-2025

Heard Mr.Shashank Shekhar, learned counsel for

the petitioners, Mr. Siddharth Harsh, learned counsel for the

Bank of Baroda and Mr.Tarkeshwar Nath Thakur, learned

Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in

connection with Samastipur Town P.S.Case No.231 of 2024,FIR

dated 31.10.2024 registered for the offences punishable under

Sections 406,409,34 and 420 of IPC wherein Sections

419,467,468,120B of IPC were later on added.

3. The prosecution story, in short, is that the informant

wrote letter dated 30.09.2024 the S.H.O. during the risk based

internal audit in the said branch, irregularities of serious nature
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were found by the internal auditor. Apart from this, on re-

examination of gold ornaments pledged, out of 25 loan

accounts, gold pledged in 23 loan accounts were found to be

fake. Alter this, a report was submitted by investigator Vicky

Thakur, which revealed that gold pledged under 25 gold loan

accounts whose total sanctioned loan amount is Rs. 56.89 lakh

was found to be fake and as per the instructions of the bank,

Rahul Kumar, Amarjeet Shah and Manoj Kumar Shah were

appointed as investigators in the panel of gold ornaments

verification at the time of sanctioning the loan and they had

provided a report regarding the purity of gold.

4. Learned counsel for the petitioner submits that the

petitioner has clean antecedent and he has falsely been

implicated in the present case. As per allegation in the FIR, the

petitioner and other co-accused persons have pledged gold

ornaments with respect to loan amount in question and it has

been found that the gold which was pledged by the petitioner

and other co-accused persons are fake gold and on that basis, the

present FIR has been instituted. Learned counsel for the

petitioner, on instruction, fairly submits that the petitioner is

ready to pay the outstanding loan amount to the Bank with up-

to-date interest. Although it has been mentioned that on the date
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of lodging of the FIR, total loan amount of Rs. 3.92 Lacs (Rs.

Three Lacs and Ninety Two Thousand) but the petitioner is

ready to pay up-to-date interest as per Bank Rules.

5. Learned counsel for the Bank of Boroda has no

objection in this regard.

6. Considering the aforesaid facts, let the petitioner,

above named, in the event of his arrest or surrender before the

court below within a period of thirty days from the date of

receipt of the order, be released on bail on furnishing bail bond

of Rs.10,000 (Ten Thousand) with two sureties of the like

amount each to the satisfaction of learned C.J.M., Samastipur in

connection with Samastipur Town P.S.Case No.231 of 2024,

subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023

and with other following conditions:-

(I) Petitioner shall produce “No Dues Certificate”

from the Bank at the time of furnishing bail bond. Bank is

directed to provide “No Dues Certificate” after receiving up-to-

date loan amount with interest to the petitioner.

(II) Petitioner shall co-operate in the trial and shall be

properly represented on each and every date fixed by the Court

and shall remain physically present as directed by the Court and
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on his/her absence on two consecutive dates without sufficient

reason, his/her bail bond shall be cancelled by the Court below.

(III) If the petitioner tampers with the evidence or the

witnesses, in that case, the prosecution will be at liberty to move

for cancellation of bail.

(IV) And, further condition that the court below shall

verify the criminal antecedent of the petitioner and in case at

any stage, it is found that the petitioner has concealed his/her

criminal antecedent, the court below shall take step for

cancellation of bail bond of the petitioner. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

(Rajesh Kumar Verma, J)
Nitesh/-

U          T