Rajeshwar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20310 of 2015 Arising Out of PS.Case No. -14 Year- 2014 Thana -C.B.I CASE District- PATNA ====================================================== Rajeshwar Singh son of Sri Ramanand Singh, resident of Village- Sikrahata Kala, P.S. Sikrahatta, District- Bhojpur.

.... .... Petitioner/s

Versus

1. State of Bihar

2. C.B.I. Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Sri Ajay Kumar Thakur, Sr. Advocate. Sri. Sabal Kumar Jha, Advocate.

For the C.B.I. : Sri. Bipin Kumar Sinha, S.C/ C.B.I. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2016 Heard the learned counsel for the petitioner as well as the learned Standing counsel for the C.B.I.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 21.01.2015 passed in Cr. Misc. No. 42741 of 2014 on the ground that the petitioner is suffering in custody since 01.08.2014 and he has already deposited amount of Rs. 44,14,886/- out of the alleged amount of embezzlement and up till now only two prosecution witnesses have been examined and in near future the trial is not likely to be concluded, co-accused Dinesh Rai has already been allowed bail by order dated 19.12.2014 and as such the petitioner also deserves sympathetic consideration, to which the learned counsel for the C.B.I. opposes.

Patna High Court Cr.Misc. No.20310 of 2015 (11) dt.30-01-2016 2/2 In the facts and circumstances as stated above, considering detention of the petitioner at this stage and further considering that in near future the trial is not likely to be concluded and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, C.B.I.- II, Patna in Special Case No. 07 of 2014 arising out of R.C. Case No. 14 (A) of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T