Anant Bijay Singh, J. - (1.) The instant application for anticipatory bail filed on behalf of the petitioner, Pande Ratneshwari Prasad has been pressed.
(2.) Heard learned counsel appearing for the petitioner and learned counsel for the CBI.
(3.) The petitioner is apprehending his arrest in connection with FIR No.RC0932014S0012 (dated 28.07.2014) of CBI, EOW, Ranchi, initially registered under Sections 120B read with Sections 420, 468 and 471 of the Indian Penal Code lodged on the basis of one complaint filed by Shri Neeraj Raja Singh, Chief Manager, State Bank of India, SME Branch, City Centre, Sector-IV, Bokaro Steel City addressed to the Superintendent of Police, Economic Offence Wing, Central Bureau of Investigation, Ranchi, are as follows:- (a) The informant since was posted as Chief Manager, State Bank of India, SME Branch, City Centre, Sector-IV, Bokaro Steel City, Distt :- Bokaro, duly authorized by the competent authority of the Bank to lodge the instant F.I.R.; (b) It has been alleged that the State Bank of India has given loan to M/s Balaji Food and Masala Co.Ltd., located at Hazaribagh, District :- Hazaribagh; (c) It is alleged that the said unit was promoted by Sri Vivek Pratap Singh, resident of Hazaribagh along with Sri Birendra Kumar, resident of Suresh Colony, Hazaribagh, and its banking relationship with State Bank of India started at Commercial Branch, Bokaro (SME Bokaro). (d) It is alleged that the loan was sanctioned to the above-mentioned unit on 20.11.2006, but subsequently was declared N.P.A. on 28.11.2011 as there was no recovery of loan account to the tune of Rs.2.59 Crores plus accrued interest calculated till July, 2013, and as such, the matter was transferred to Stressed Assets Management Branch (SAMB), Patna, for hard recovery measures; (e) It is further alleged that a notice under Section 13(2) of the SARFAESI Act, 2002, was issued on 27.12.2011 and further a possession notice under Section 13(4) of the said Act was issued on 09.08.2012 and the same was challenged by the aforesaid unit before the Debts Recovery Tribunal, Ranchi, in S.A. No.95 of 2012; (f) Due to intervention of the Debts Recovery Tribunal, Ranchi, the above-noted case could not proceed, but in the meantime, the NPA Resolution Agent, M/s Vision, had taken possession of the land and properties of the unit which were mortgaged to the State Bank of India. M/s Vision advised vide its Letter No.VFBS/ 38/2012-13 dated 07.03.2013 that properties mortgaged to the Bank vide Sale Deed Nos.10710 dated 09.10.2009, 10723 dated 10.10.2009, 11080 dated 26.10.2009, 11081 dated 26.10.2009 & 12409 dated 20.11.2008 was found to be fake property. (g) It is further alleged that Legal opinion dated 05.10.2013 was taken by another Advocate, Sri Rajendra Kumar Chopra and according to his opinion, the mortgagor, Sri Birendra Kumar neither has possession nor ownership. It is further alleged that the original sanction was given by Sri Dinesh Chand of 433, A.P. Colony, Gaya and the legal opinion of the Sale Deed No.12409 by Sri Pandey Ratenshwari Prasad, dated 20.11.2008, resident of 146, A.P. Colony, Gaya. (h) It is further alleged that during investigation, the investigating official of the Bank has pointed out certain doubts on the integrity of the above Panel Advocates including the petitioner. On the basis of the aforesaid allegations, the instant FIR has been lodged under the aforesaid Sections of the Indian Penal Code.;