Patna High Court
Rama Shankar TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
Rama Shankar Tiwari, a former Chief Branch Manager of Bank of Baroda, Buxar, applied for anticipatory bail in connection with a 2019 case alleging fraud involving a Rs. 22 lakh loan sanctioned on forged National Savings Certificate (NSC) securities. The prosecution alleged offences under Sections 420, 406, 467, 468, 471 and 472 of the IPC, but the petitioner was not originally named in the FIR and was later implicated only on suspicion due to his position. The petitioner argued that the loan was approved after verification by the Credit Manager, that he had been cleared in a departmental inquiry, that he is a senior citizen with health issues, and that there is no evidence of his personal involvement or any pecuniary benefit. The State opposed the bail, citing the seriousness of the offences. The High Court, considering the lack of direct evidence, the petitioner’s clean antecedents, his health, and the conditions of Section 438 CrPC and Section 482 of the B.N.S.S., granted anticipatory bail with specific conditions regarding sureties, personal appearance, and verification of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure, 1973, given the alleged offences and the nature of the evidence.
- Whether the petitioner is likely to tamper with evidence, influence witnesses, or abscond, warranting denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- loan fraud
- forged NSC certificates
- Indian Penal Code
- senior citizen
- health considerations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33461 of 2026
Arising Out of PS. Case No.-637 Year-2019 Thana- BUXAR District- Buxar
======================================================
Rama Shankar Tiwari, S/o Late Ramdahin Tiwari (Former Chief Branch
Manager, Bank of Baroda, Buxar Branch Buxar), Resident of Mohalla -
Fazalganj, Ward No. 9, P.S - Sasaram, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 18-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Buxar Town P.S. Case No. 637 of 2019,
registered for the offence(s) under Section(s) 420, 406, 467,
468, 471 and 472 of the Indian Penal Code.
3. As per the prosecution case, the Senior Branch
Manager of Bank of Baroda, Buxar Branch gave a written
complaint to the police that a loan of about Rs. 22,00,000/- was
sanctioned for over draft in favour of one Vinod Singh on the
Patna High Court CR. MISC. No.33461 of 2026(2) dt.18-05-2026
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basis of 301 National Saving Certificate (NSC) alleged to be
pledged as security and later, it was found that the said NSC
Certificates were not genuine and, therefore, the FIR was
lodged.
4. The learned counsel for the petitioner submits that
the petitioner was not initially named in the FIR and
subsequently during the course of investigation, he has been
implicated in this case only on the basis of suspicion that he was
holding the post of Chief Branch Manager at the relevant time
and he might be involved in the said offence. It has further been
submitted that the said loan was sanctioned on the basis of the
NSC Certificates issued by the Post Office and, therefore, there
was no reason for the petitioner and others to doubt the
genuineness of the same and the petitioner had no role to play in
the preparation of the said fabricated and forged NSC
Certificates. It has next been submitted by the learned counsel
for the petitioner that there is no evidence to connect the
petitioner with the said crime and, in fact, from perusal of
Annexure-P2, which is the Pre-Sanction Report, it would be
evident that the loan proposal of the borrower/Vinod Singh was
inspected and recommended by the Credit Manager, who
verified the applicant’s residence, business activities and the
Patna High Court CR. MISC. No.33461 of 2026(2) dt.18-05-2026
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NSC Certificates before recommending sanction of the said loan
amount. It has further been pointed out that the petitioner has
already faced a departmental scrutiny and has been exonerated,
which also goes on to show that there was no deliberate laches
on the part of the petitioner and rather the incident occurred on
account of the fact that the loan was approved on the basis of
the NSC Certificates, which was later on found to be forged.
The learned counsel for the petitioner further submits that the
petitioner is a senior citizen aged about 66 years and is also
suffering from various ailments and even the department had
initially directed for taking a lenient view and also to close any
further action against the petitioner. It is also not the case of the
prosecution that the petitioner has received any extraneous
consideration for the said loan advanced in favour of the
accused/Vinod Singh and no evidence has come in course of
investigation to such effect. It has lastly been submitted that the
petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
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the petitioner, above-named, be released on anticipatory bail, in
the event of his/her arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his/her furnishing bail bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the concerned Court/successor Court
where the case is pending in connection with Buxar Town P.S.
Case No. 637 of 2019, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure, 1973
read with corresponding Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to
the following conditions :
(i) One of the bailors of the petitioner shall be
his/her close relative and the other shall be a local
resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of
the trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive
occasions or in violation of the terms of the bail, the
bail bonds of the petitioner will be liable to be
cancelled by the concerned Court.
(iv) The concerned Court shall verify the
criminal antecedent of the petitioner and in case, at
any stage, it is found that he/she has concealed his/her
criminal antecedents, the Court concerned shall take
necessary steps for cancellation of his/her bail bond.
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However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for
purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
krishna/deepak/-
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