Dr. Umesh Kumar v. Central Bureau Of Investigation, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17975 of 2017 Arising Out of PS.Case No. -21 Year- 2016 Thana -C.B.I CASE District- PATNA ====================================================== Dr. Umesh Kumar, son of Late Shri Ram Janki Sharan, resident of Sadar Bajar Danapur Cantt, P.S. Danapur, Patna- 801503. .... .... Petitioner

Versus

Central Bureau of Investigation, Patna.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Y.V.Giri, Sr.Advocate with Mr. Anshul Sharma, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, S.C., CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Special Case No.09 of 2016, RC Case No. 21A of 2016 registered for the offences punishable under Section 7 of the Prevention of Corruption Act and 120B of the Indian Penal Code. Allegation is that petitioner was trapped by CBI in a trap case and Rs.20,000/- was recovered from his house. It has been submitted on behalf of the petitioner that though the action is mala fide petitioner has challenged the seniority of other persons, which was decided in favour of the petitioner and the matter is pending before the Hon'ble Apex Court and petitioner was not member of the Board and the Board itself was constituted after petitioner was implicated in this case. It

Patna High Court Cr.Misc. No.17975 of 2017 (3) dt.11-05-2017 2/2 has also been submitted that nothing has been recovered from the possession of the petitioner, rather the same has been recovered from the desk, which also shows the falsity of the case and further being the condition of the petitioner the CBI may be directed to allow the petitioner to stay in hospital itself. Heard learned counsel for the CBI. It has been submitted by learned counsel for the CBI that investigation is almost complete, as such, petitioner should surrender and pray for regular bail.

Having heard both sides and considering the allegation, I am not inclined to grant anticipatory bail to the petitioner.

So far condition of the petitioner is concerned, he may move for regular bail, and if necessary for provisional bail. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U