Arunjay Kumar v. The State Of Bihar Through The Superintendent, Economic Offence Unit, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1412 of 2018 Arising Out of PS.Case No. -20 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Arunjay Kumar, son of Late Ramchandra Sharma, resident of villageMakhra, Post Office- Kaithi, District- Aurangabad. .... .... Petitioner/s
Versus
The State of Bihar through the Superintendent, Economic offence Unit, Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Karna, Advocate For the Opposite Party/s : Mr. V.N.P. Sinha, E.O.U.Unit ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with E.O.U. P.S. Case No.20 of 2012 (Special Case No.35 of 2012) registered under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code as well as Sections 8, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act.
It is submitted by the learned counsel for the petitioner that the petitioner is not named in the FIR and his name came during investigation of the case. He submitted that the petitioner had joined the office of the Circle Officer, Patna Sadar on 15.06.2010. In the year 2010-11 son of Late Jamaluddin Khan had
Patna High Court Cr.Misc. No.1412 of 2018 (2) dt.19-01-2018 2/3 applied for mutation of the land bearing Mauza Adra, Thana No.20, Ward No.-3, Sheet No.17/34 MS Plot No.478 and 589 appertaining to an area measuring 130.05 Kari, Karbigahya on the ground that the said land was already mutated in the name of his father. He had also submitted rent receipts of last ten years. He submitted that the said land was also mutated in the name of Jamaluddin Khan in the year 2001-02 by the then Circle Officer, Patna namely, Binod Anand, an FIR named accused. After inviting objection, since last ten years there was no complaint. The petitioner had made recommendation in the year 2010 for mutation in the name of the son of said Jamaluddin Khan.
He submitted that co-accused Shree Krishna Singh @ Krishna Singh, Rupnandan Sharma, Arjun So @ Arjun Sah and Binod Sah have already been granted pre-arrest bail vide order dated 25.07.2013 passed in Cr.Misc. No.2953 of 2013, Cr. Misc. No.6175 of 2013, Cr. Misc. No.9050 of 2013 and 10950 of 2013 respectively by coordinate Benches of this Court. Similarly circumstanced coaccused Masood Ansari and Manoj Kumar have already been granted pre-arrest bail vide order dated 27.11.2017 and 20.09.2017 passed in Cr. Misc. No.54189 of 2017 and Cr. Misc. No.
Patna High Court Cr.Misc. No.1412 of 2018 (2) dt.19-01-2018 3/3 arrest bail by this Court.
Mr. V.N.P.Sinha, learned counsel appearing on behalf of the Economic Offences Unit has opposed the prayer for grant of pre-arrest bail to the petitioner. However, he admitted that the other co-accused persons having more or less identical allegation have already been granted pre-arrest bail by different Benches of this Court.
Regard being had to the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, 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 learned Special Judge, Vigilance-I, Patna in connection with E.O.U. P.S. Case No.20 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T