Ram Kumar v. The State Of Bihar Through Central Bureau Of Investigation, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7121 of 2019 Arising Out of PS. Case No.-7 Year-2017 Thana- C.B.I CASE District- Patna ====================================================== Ram Kumar son of Late Shyam Singh resident of village- Uplehra, P.O.- Mohiuddinpur, P.S.- Partapur, District- Meerut (U.P) ... ... Petitioner/s

Versus

The State Of Bihar Through Central Bureau Of Investigation, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Bhardwaj, Adv.

For the Opposite Party/s :

Mr.Bipin Kumar Sinha, SC/CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2019 This is an application for grant of anticipatory bail in connection with Special Case No. 5 of 2017 arising out of R.C. No.7(A) of 2017, disclosing offences under Sections 409, 467, 468, 471, 477A of the Indian Penal Code and Section 13(2) read with Section 13(1) (c) (d) of the Prevention of Corruption Act, 1988.

Allegation against the petitioner, who was a Superintendent (Operational) Custom at Motihari, is of defalcating money by putting forged Travelling Allowance, House Rent Allowance and also collected license fee, for which he is not entitled and further allegation is that he has defalcated Rs.60,084/- and he has also forged the signature of Assistant Commissioner and Deputy Commissioner and encashed Rs.5,51,432/-.

Patna High Court CR. MISC. No.7121 of 2019(4) dt.04-04-2019 2/2 Submission of learned counsel for the petitioner is that so far HRA is concerned, he has already deposited the amount and he is ready to deposit the other amounts also. It has further been submitted that charge-sheet has been submitted. Heard learned standing counsel for the CBI, who has opposed the prayer for anticipatory bail of the petitioner stating that after investigation now the charge-sheet has also been submitted against the petitioner.

Having heard both sides, in view of the facts and circumstances of the case and in my opinion, let petitioner surrender before the court below and make prayer for regular bail, which shall be considered on the basis of materials available on record and also of his undertaking that he will deposit the amount of Rs.5,51,432/- and the learned court below shall pass an appropriate order, if possible, to be disposed of on the same day.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T