Manish Kumar v. The Union Of India Through C.B.I.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48772 of 2017 Arising Out of PS. Case No.-4 Year-2015 Thana- C.B.I CASE District- Patna ====================================================== Manish Kumar, S/o Kanhaiya Singh, Resident of Village- Jagapakar, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

The Union of India (through C.B.I.) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshuman Singh Mr. Ramakant Yadav Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Bipin Kumar Sinha (SC, CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-11-2017 Heard learned Counsel for the petitioner and learned Standing Council for the Central Bureau of Investigation. This application, for grant of anticipatory bail, arises out of CBI/ACB/Patna/2015 RC0232015A 0004 of 2015, disclosing offences under Sections 420, 467, 468 and 471 of the Indian Penal Code and Sections 13 (2), 3 (1) (d) of the Prevention of Corruption Act.

At the very outset, learned Counsel appearing on behalf of the Central Bureau of Investigation has produced before me an order, dated 19.12.2016, passed in Criminal Misc. No. 52737 of 2016, to submit that this Court, while considering the prayer for anticipatory bail of the co-accused, Sanjay Paswan, arising out of the same case, had directed the co-accused Sanjay Paswan to appear before the Court below and make a prayer for regular bail.

Patna High Court Cr.Misc. No.48772 of 2017(2) dt.14-11-2017 2/2 Mr. Anshuman Singh, learned Counsel appearing on behalf of the petitioner, on the other hand, has submitted that with the same allegation another case was registered against the petitioner, being Sugauli Police Station Case No. 188 of 2016, in which the petitioner has been allowed anticipatory bail by this Court by order, dated 17.02.2017, passed in Criminal Misc. No. 6054 of 2017.

However, in order to be consistent in approach, I do not intend to take a different view in the present case, in the light of disposal of Criminal Misc. No. 52737 of 2016 by order, dated 19.12.2016, by a co-ordinate Bench.

Accordingly, this application is disposed of with observation that the petitioner may appear before the Court below and make prayer for regular bail. If he appears before the Court below and makes a prayer for regular bail, the Court below, without being prejudiced by this order, may examine the petitioner's case and pass appropriate order in accordance with law, preferably on the same day.

This application is disposed of accordingly.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √