Pawan Kumar Pareek @ Pawan Pareek v. Central Bureau Of Investigation, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51113 of 2017 Arising Out of PS.Case No. -3 Year- 2015 Thana -C.B.I CASE District- PATNA ====================================================== Pawan Kumar Pareek @ Pawan Pareek, son of Kanhaiya Lal Pareek, resident of Nagina Colony, Phulwari Sharif, P.O. & P.S. Phulwari Sharif, District-Patna, Pincode-800005.

.... .... Petitioner.

Versus

Central Bureau of Investigation, Patna .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : M/s. Y.V. Giri, Senior Advocate and Pranav Kumar, Advocate.

For the C.B.I. : Mr. Bipin Kumar Sinha, S.C. C.B.I. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 31-10-2017 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard.

The petitioner apprehends his arrest in connection with C.B.I. F.I.R. No.RC0232015A0003/Special Case No.04 of 2015 {R.C. No.03(A) of 2015} registered under Sections120B, 409 and 420 of the Indian Penal Code besides Section 13(2) read with Sections 13(1)(c) and (d) of the Prevention of Corruption Act, 1988. Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, it has only come against the petitioner that he being the employee of M/s. CTA Logistics Limited, Kolkata, applied for waiver of Demurrage Charge Rs.3,59,100/- vide letter dated 07.06.2014 on the basis of the

Patna High Court Cr.Misc. No.51113 of 2017 (2) dt.31-10-2017 2/2 false fact and fake documents, while he was entitled to only Rs.1,89,000/-, in collusion with Shri Dharmadeo Kumar, employee of the Railway Department. Further submission is that Shri Dharmadeo Kumar has already been granted the privilege of pre-arrest bail by this Court vide order dated 26.07.2017 passed in Criminal Misc. No.15133 of 2017 on the condition to deposit Rs.1,10,250/-, which is said to be caused lost to the Railway Department, in the concerned department in Railway. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, CBI-III, Patna, in connection with C.B.I. F.I.R. No.RC0232015A0003/Special Case No.04 of 2015 {R.C. No.03(A) of 2015}, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T