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Bhawesh Kumar Khan @ Bhavesh Kumar Khan v. The State of Bihar

Patna HC21 Apr 2023CR. MISC./3710/2023

Case brief

AI extract

What is this about?

Regular bail application by a former SBI Branch Manager accused in a KCC loan fraud case involving embezzlement of about Rs. 1-2 crores. Court noted co-accused including field officers and Kavita Devi had been granted bail and enlarged petitioner on bail on furnishing bonds with two sureties.

What did the court decide?

Petitioner enlarged on bail on bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of J.M. First Class, Khagaria.

Bhawesh Kumar Khan @ Bhavesh Kumar Khan Vs The State of… — Banking and Recovery | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3710 of 2023

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Arising Out of PS. Case No.-91 Year-2017 Thana- CHAUTHAM District- Khagaria

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======================================================

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Bhawesh Kumar Khan @ Bhavesh Kumar Khan Son Of Late Padmanand Khan The Then Branch Manager, S.B.I., A.D.B. Baluahi, Khagaria R/VBangaon P.S.- Bangaon District- Saharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Chandra Mohan Jha For the Opposite Party/s : Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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3 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner has filed the instant application for grant of regular bail in connection with Chautham P.S. Case No. 91 of 2017 registered under sections 420, 406, 409, 120B, 467, 468, 471 and 34 of the Indian Penal Code.

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Prosecution case in short, is that, co-accused Kavita Devi took Rs. 3,000/- from the informant and other persons on the pretext of sanctioning KCC loan and she said that she has good relation with some persons, who had good acquaintance with the bank employees and obtained their signature/thumb impression on withdrawal forms and other documents. After someday ATM started coming and passbook also provided by

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Patna High Court CR. MISC. No.3710 of 2023(3) dt.21-04-2023 2/4

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bank. When they got their passbook for updating, then they came to know that Rs. 95,000/- has been withdrawn from their passbooks. It is further alleged that about Rs. 1-2 crores have been embezzled by the accused persons at the instance of having sanctioned fraudulent loans under the KCC scheme.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from paras- 13 and 14 of this petition that as per the norms of the sanction of the KCC loan is that the customer apply for the KCC loans before the Field Officer and after verification of documents and pre-sanction survey, he recommends for sanction before the Branch Manager and thereafter the Branch Manager sanctions the loan, except this routine work, the Branch Manager has no role in issuing of KCC loan. Primary responsibility of verification, PSS and loan issuance lies with the Field Officer. The field officer is the only authorized person and custodian of the said loan and he on time to time verifies the process of withdrawal of the loan amount. It is pertinent to mention here that the Field Officers of the said bank who are named in F.I.R. have already been granted anticipatory bail by the different co-ordinate Bench of this Court which is apparent

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Patna High Court CR. MISC. No.3710 of 2023(3) dt.21-04-2023 3/4

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from para-86 of the case diary. It is also submitted that the passing Officer and Paying Cashier are responsible for transactions done by customers in routine transactions. There is no direct involvement of Branch Manager in normal course of withdrawals and deposits. The withdrawal form is verified by the cashier and field officer of the concerned bank, so it is clear that in withdrawal of money of KCC loan, there is no role of the Branch Manager. The main allegation of cheating to the informant and others is against co-accused Kavita Devi and she has also been granted bail by the different co-ordinate Bench of this Court vide Annexure-2 series of this petition. Nothing consistent material came against the petitioner to implicate in this alleged offence. Moreover, he is languishing in judicial custody since 30.11.2022.

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The application for bail is opposed by learned APP for the State.

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Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chautham P.S. Case No. 91 of 2017 on furnishing bail bond of Rs. 10,000/-

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Patna High Court CR. MISC. No.3710 of 2023(3) dt.21-04-2023 4/4

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(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. First Class, Khagaria.

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(Sunil Kumar Panwar, J)

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shubham/-

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U T

Bhawesh Kumar Khan @ Bhavesh Kumar Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bhawesh Kumar Khan @ Bhavesh Kumar Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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