Rajendra Singh @ Shastri v. Central Bureau Of Investigation, Through Superintendent Of Police, CBI, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10739 of 2020 Arising Out of PS. Case No.-4 Year-2016 Thana- C.B.I CASE District- Patna ====================================================== RAJENDRA SINGH @ SHASTRI Son of Late Munilal Singh Resident of Near Mangal Deep Apartment, Gupta House, Patliputra Colony, P.S. - Patliputra, District - Patna-13, Permanent, Resident of Village - Khaira, P.S. - Daudnagar, P.O. Angrahi, District - Aurangabad, Bihar. ... ... Petitioner/s

Versus

CENTRAL BUREAU OF INVESTIGATION, THROUGH SUPERINTENDENT OF POLICE, CBI, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Bipin Kumar Sinha, SC CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-08-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 471/468/420/120B of the Indian Penal Code.

The FIR was lodged on report of the Registrar Vigilance of the Patna High Court alleging therein that in the referred criminal miscellaneous, a bail matter, the FIR was tampered regarding the figure relating to quantum of recovery of Ganja.

Patna High Court CR. MISC. No.10739 of 2020(7) dt.28-08-2020 2/3 The allegation of tampering in the FIR is not direct against the petitioner who is a practicing advocate; rather during investigation it revealed that the petitioner had actively participated in the engagement of Senior Advocate to argue in the case on the third occasion of renewal of prayer for bail of the same accused and at that time also the FIR was tampered. The petitioner is in custody since 13.12.2019. The petitioner has no criminal antecedent except three cases lodged for the same occurrence at the instance of the same authority.

The report of the trial Judge reveals that charges have not been framed as yet due to absence of the co-accused who are on bail.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with RC Case No.4(s)/16 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

Patna High Court CR. MISC. No.10739 of 2020(7) dt.28-08-2020 3/3 (b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall remain present in Court on each and every dates unless there is reasonable excuse placed before the Court-below till framing of the charges. If the petitioner would violate any of the condition it would be a ground for cancellation of bail.

(Birendra Kumar, J) Mkr./- U T