Jharkhand High CourtAjit Kumar Keshri vs The State Of Jharkhand on 21 March, 2022Author:Anil Kumar ChoudharyBench:Anil Kumar ChoudharyIN THE HIGH COURT OF JHARKHAND AT RANCHI\n                      A.B.A. No.629 of 2022\n                                ------Ajit Kumar Keshri                   .... .... .... Petitioner\n                                Versus\n    1. The State of Jharkhand2. Chief Manager, Bank of Baroda, Deoghar Branch, Deoghar\n                                       ....  .... .... Opposite Parties\n                                With\n                      A.B.A. No.9408 of 2021------1. Somnath Rana2. Devendra Kumar3. Nitish Kumar                     .... .... .... Petitioners\n                                Versus1. The State of Jharkhand2. Chief Manager, Bank of Baroda, Deoghar Branch, Deoghar\n                                       ....  .... .... Opposite Parties------CORAM       : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY\n                                        ------\n      For the Petitioners        : Mr. Ankit Kumar, Advocate\n                                   Mr. Indrajit Sinha, Advocate\n      For the State              : Ms. Priya Shrestha, Spl.P.P\n      For the O.P. No.2          : Mr. Naresh Pd. Thakur, Advocate\n                                         (In A.B.A. No.9408/2021)\n                                  Mr. Ashok Kr. Singh, Advocate\n                                         (In A.B.A. No.9408/2021)\n                                          ------\n      Order No.04 Dated- 21/03/2022\n            Heard the parties.Apprehending their arrest in connection with Deoghar Town P.S. Case\n      No.33 of 2020 instituted underSections 406,420,424,467,468,471,472and120Bof the Indian Penal Code, the petitioners have moved this Court for grant of\n      privileges of anticipatory bail.Learned counsel for the petitioners submits that the allegation against the\n      petitioner of A.B.A. No.629 of 2022 namely Ajit Kumar Keshri is that he has\n      taken loan from the bank to purchase cars by way of cheating and forgery but\n      he is not repaying the said loan. It is submitted that the allegation against the\n      petitioner is false. It is next submitted that the vehicle has never been delivered\n      to the said petitioner of A.B.A. No.629 of 2022 namely Ajit Kumar Keshri and\n      the bank officials were hand in glove with the dealer of the vehicle. It is lastly\n      submitted that the petitioner of A.B.A. No.629 of 2022 namely Ajit Kumar\n Keshri undertakes to co-operate with the investigation of the case and to deposit\nRs.2,14,000/- with the informant-Bank without prejudice to his defence in this\ncase subject to final decision of the case. Hence, it is submitted that the\npetitioner of A.B.A. No.629 of 2022 namely Ajit Kumar Keshri be given the\nprivileges of anticipatory bail.So far as petitioners of A.B.A. No.9408 of 2021 are concerned, learned\ncounsel for the petitioners submits that the allegation against the petitioners of\nA.B.A. No.9408 of 2021 is that they have taken loan from the bank to purchase\ncars by way of cheating and committed forgery but they are not repaying the\nsaid loan. It is further submitted that the allegations against the petitioners are\nall false but in fact, the petitioners have been cheated and the petitioner No.2\nlodged Deoghar Town P.S. Case No.117 of 2019 and subsequently, to save their\nskin, the bank has instituted this false case. It is further submitted that the\nvehicles have never being delivered to any of the petitioners and the bank\nofficials have hand in glove with the co-accused persons and they have taken\nmoney and the document of the petitioners and the ownership of the said three\ncars are also not in the name of the petitioners rather they are in the name of\nSabita Mishra, Sneha Singh and B.I.T. Learned counsel for the petitioners draws\nthe attention of this Court towards page-44 Annexure-3 of the brief of A.B.A.\nNo.9408 of 2021 which is the copy of the Registered vehicles details and submits\nthat vehicle bearing Chassis No. MA1TA2TDKJ2F12547 has been registered in\nthe name of Birla Institute of Technology and the petitioners have nothing to do\nwith the said Birla Institute of Technology, drawing attention of this Court\ntowards page-47 Annexure-3 of the brief of the said anticipatory bail application\nwhich is the copy of the Registered vehicles details and submits that vehicle\nbearing Engine No. WT J1D19592 has been registered in the name of Sneha\nSingh and the petitioners have nothing to do with the said Sneha Singh and\ndrawing attention of this of this Court towards page-51 Annexure-3 of the brief\nof the said bail anticipatory, which is the copy of the certificate of registration,\nsubmits that vehicle bearing Registration No. JH15T7311 has been registered in\nthe name of Sabita Mishra and the petitioners are no way related with the said\nSabita Mishra. It is lastly submitted that the petitioners of A.B.A. No.9408 of\n2021 undertake to co-operate with the investigation of the case and to deposit\nRs.12,00,000/-,   Rs.14,75,000/-   and   Rs.13,00,000/-   respectively   with   the\ninformant-Bank without prejudice to their defence in this case subject to final\n        decision of the case. Hence, it is submitted that the petitioners of A.B.A. No.9408\n       of 2021 be also given the privileges of anticipatory bail.Learned Spl.P.P appearing for the State being assisted by the learned\n       counsel for the opposite party No. 2, oppose the prayer for anticipatory bail of\n       the petitioners of both these anticipatory bail applications.Considering the submissions of learned counsels and the facts and\n       circumstances stated above, I am inclined to grant privileges of anticipatory bail\n       to the petitioners. Accordingly, the petitioners are directed to surrender in the\n       Court of learned C.J.M., Deoghar within four months from today and in the\n       event of their arrest or surrendering, the petitioner of A.B.A. No.629 of 2022\n       namely Ajit Kumar Keshri will be enlarged on bail on showing proof of deposit\n       of Rs.2,14,000/- with the informant-Bank, petitioners of A.B.A. No.9408 of 2021\n       will be enlarged on bail on showing proof of deposit of Rs.12,00,000/-,\n       Rs.14,75,000/- and Rs.13,00,000/- respectively with the informant-Bank and all\n       of them on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each\n       with two sureties of the like amount each to the satisfaction of learned C.J.M.,\n       Deoghar in connection with Deoghar Town P.S. Case No.33 of 2020 with the\n       condition that they will co-operate with the investigation of the case and\n       appear before the investigating officer as and when noticed by him and\n       furnish their mobile number and photocopy of the Aadhar Card with an\n       undertaking that they will not change their mobile number during the\n       pendency of the case and subject to the conditions as laid down underSection\n       438(2)of the Code of Criminal Procedure.In case the petitioner of A.B.A. No.629 of 2022 namely Ajit Kumar Keshri\n       deposits Rs.2,14,000/- with the informant-Bank and the petitioners of A.B.A.\n       No.9408 of 2021 deposit Rs.12,00,000/-, Rs.14,75,000/- and Rs.13,00,000/-\n       respectively with the informant-Bank, learned court below will pass an\n       appropriate order regarding the same at the time of conclusion of trial.(Anil Kumar Choudhary, J.)\nAnimesh/