Rahul Kumar Chaubey Alias Rahul Kumar Choubey Vs the… — Cheating and Forgery | Jharkhand HC (2025)

Rahul Kumar Chaubey Alias Rahul Kumar Choubey Vs the… — Cheating and Forgery | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to surrender before the learned court below within four weeks and, on surrender or arrest, to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of learned C.J.M., Garhwa in connection with Garhwa P.S. Case No.673 of 2024, subject to the conditions stated in the order (close-relative bailer resident of Jharkhand with landed-property affidavit; appearance before the I.O. once in 15 days; bar on entering the concerned branch).

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, a bank official apprehending arrest for offences under Sections 316(2), 316(5), 318(4), 338, 336(3) and 340(2) of B.N.S., 2023, arising out of the alleged illegal sanction and disbursement of a Rs.70 Lakhs loan to his family members including his wife.

Court's answer

Considering that the loan amount has been paid and the loan account has been closed, the court is inclined to allow the anticipatory bail application.

Ratio / Principle

The Anticipatory Bail Application is allowed: the petitioner is to surrender before the learned court below within four weeks and, on surrender or arrest, shall be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of learned C.J.M., Garhwa, in connection with Garhwa P.S. Case No.673 of 2024.

Key takeaways

Bail is subject to the condition that one of the bailers should be a close relative of the petitioner, a resident of the State of Jharkhand having sufficient landed property (in his name or his ancestors' name with share), with an affidavit indicating the share in the property to be filed before the Trial Court.ratio¶18
Further conditions: the petitioner is to join the investigation and appear before the I.O. once in 15 days, and is not to be allowed to enter the bank branch from where the illegalities were committed.ratio¶18

Detailed headnote1 paragraphs

Anticipatory bail - bank official - alleged illegal sanction and disbursement of Rs.70 lakh loan to petitioner's family members including wife - offences under Ss. 316(2), 316(5), 318(4), 338, 336(3), 340(2) B.N.S. 2023 - application under Ss. 482 & 484 BNSS 2023 - loan amount repaid and account closed, petitioner under suspension - bail allowed: surrender within four weeks; release on Rs.10,000/- bail bonds with two sureties of like amount to C.J.M., Garhwa (Garhwa P.S. Case No.673 of 2024); conditions: one bailer a close relative resident of Jharkhand with landed property (affidavit required), appearance before I.O. once in 15 days, and bar on entering the concerned branch - copy of order to Zonal Manager, Indian Bank, Ranchi Zone.

2025:JHHC:19461

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3775 of 2025

Rahul Kumar Chaubey @ Rahul Kumar Choubey, aged about 37 years, son of Anil Choubey, resident of Village Rehla, P.O. & P.S. Rehla, Dist. Palamu … … Petitioner

Versus

The State of Jharkhand. … … Opposite Parties

CORAM : SRI ANANDA SEN, J.

For the Petitioner(s) : Mr. Nilesh Kumar, Advocate Mr. Ramesh Kumar, Advocate Mr. Tanu Kumari, Advocate For the State : Md. Shahabuddin, APP

06/ 17.07.2025

1. Heard the parties.

2. This anticipatory bail application under Sections 482 & 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 316(2), 316(5), 318(4), 338, 336(3), 340(2) of B.N.S., 2023.

3. The petitioner is the bank official. It is alleged that in illegal manner, the loan of Rs.70 Lakhs was sanctioned. Thereafter, the amount was disbursed to a person who were the family members of this petitioner including the wife. When the matter came to light, the higher officials of the bank made an inquiry and it has come in the F.I.R that the account was closed after payment of the amount.

4. The petitioner submits that the account has been closed now and the entire amount has been paid and the petitioner is under suspension.

5. Learned A.P.P. representing the State opposes the prayer for anticipatory bail.

6. Considering the fact that the amount has been paid and the loan account has been closed, I am inclined to allow this application.

7. Accordingly, this Anticipatory Bail Application stands allowed . The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of

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2025:JHHC:19461

receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of the like amount each, to the satisfaction of learned C.J.M., Garhwa in connection with Garhwa P.S. Case No.673 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioners and he should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which they are having share and to that effect, they have to file an affidavit before the Trial Court indicating his share in the property. The petitioner will join the investigation and appear before the I.O., once in 15 days with a further condition that the petitioner will not be allowed to enter the Branch from where the illegalities has been committed.

8. Let a copy of this order be communicated Zonal Manager, Indian Bank, Ranchi Zone.

(ANANDA SEN, J.)

Sandeep. Cp-3

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