Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 27442 (JHR)

BALESHWAR SONI v. THE STATE OF JHARKHAND

B.A./9431/2024 · 2025-01-16

Ambuj Nath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9431 of 2024 Baleshwar Soni, aged about 48 years, S/o Lalit Prasad Soni, R/o Putki Road, near- Putki Durga Mandir, P.O.- Kusunda, P.S.- Putki, District- Dhanbad. … Petitioner - Versus - The State of Jharkhand … Opp. Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner : Mr. Pratiush Lala, Advocate For the State : Ms. Vandana Bharti, A.P.P. --- 04/16.01.2025 Heard the parties. The petitioner has been made accused in connection with Putki P.S. Case No.28 of 2023, for the offences registered under Sections 419, 420, 34 of the Indian Penal Code, pending in the court of learned C.J.M., Dhanbad. Co-accused Subal Kumar Upadhyay had taken loan of Rs.56,73,946/- from the Bank of India, Dhanbad after pledging gold ornaments. The petitioner who is the goldsmith, examined the ornaments and gave a certificate that gold ornaments pledged by the co-accused were genuine. Later co-accused Subal Kumar Upadhyay stopped paying EMI and subsequently, his loan account was declared NPA. The informant on being suspicious, got the gold ornaments examined by other goldsmith and it was found that the gold ornaments were fake. It appears that petitioner along with co-accused have defrauded the Bank of India, Dhanbad causing loss of Rs.56,73,946/-. It was submitted that the charge has been framed in this case and the petitioner has himself surrendered before the court below. Learned A.P.P. has opposed the prayer for bail and submitted that due the certificate given by the petitioner, the informant Bank had granted loan to the co-accused Subal Kumar Upadhyay. It was further submitted that notice under Section 41A Cr.P.C. has been issued for appearance of the petitioner before the I.O., but he did not comply the same. Considering the fact and circumstances of this case, I am not inclined to release the petitioner, on bail. Accordingly, his prayer for bail stands rejected. (Ambuj Nath, J.) Jay/-