Tarun Kumar Vidyarthi v. The Union Of India Through CBI

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52147 of 2017 Arising Out of PS.Case No. -1 Year- 2015 Thana -C.B.I CASE District- PATNA ====================================================== Tarun Kumar Vidyarthi son of Ramanugrah Narayan Sharma resident of Village & Post - Bhadseni, P.S. - Hasua, District - Nawada. .... .... Petitioner

Versus

The Union of India through CBI.

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

For the Petitioner/s : Mr. Sanjeev Krishna Bariya, Advocate Mr. Rajiv Kumar Sinha, Advocate Mr. Rajiv Krishna Bariar, Advocate For the Opposite Party/s : Mr. Bipin Kumar Sinha (Sc,Cbi) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks pre-arrest bail in connection with R. C. Case No. 1(A)/2015 arising out of CBI Case No. RC0232015A0001/2015 registered under Sections 120-B read with 420, 467 and 468 of the Indian Penal Code and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988. It is submitted that similarly circumstanced coaccused Sobha Sinha, Satyanarayan Singh, Smt. Daizy and Ranjit Kumar @ Ranjeet Kumar have already been granted prearrest bail by different benches of this Court vide orders dated 12.09.2017, 17.10.2017, 01.11.2017 and 13.10.2017 passed in

Patna High Court Cr.Misc. No.52147 of 2017 (3) dt.21-12-2017 2/2 Cr. Misc. Nos. 38547 of 2017, 49588 of 2017, 49549 of 2017 and 47268 of 2017 respectively.

Learned appearing for the CBI does not dispute the fact that the case of the petitioner stands on identical footing to that of other co-accused, who have already been granted prearrest bail by different benches of this Court. On query, he contended that the orders granting pre-arrest bail to other accused persons by different benches of this Court have not been challenged by the CBI before the Supreme Court. Regard being had to the submissions made on behalf of the parties, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge CBI-II, Patna in R. C. Case No. 1(A)/2015 arising out of CBI Case No. RC0232015A0001/2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T