Hansraj Singh v. The State Of Bihar Through C.B.I.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13669 of 2015 Arising Out of PS. Case No. -27 Year- 2013 Thana -C.B.I CASE District- PATNA ====================================================== Hansraj Singh S/o Sri Rameshwar Singh permanent resident of villageKutubpur, P.O. Kotwapatti, Rampur, P.S.- Doriganj, District- Saran at Chapra. At present resident at New Narayanpur Colony behind Rameshwar Vivah Bhawan, Main Road, Gudri Bazar, P.S. Bhagwan Bazar, Distt.- Saran at Chapra .... .... Petitioner/s

Versus

The State of Bihar through C.B.I.

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

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate. For the Opposite Party/s : Mr. Bipin Kumar Sinha, S.C. C.B.I. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 109 of the Indian Penal Code and Section 3(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988. The allegation is that the petitioner was found to have amassed huge money and possessed movable and immovable properties to the tune of Rs.

1,00,66,684/- which is disproportionate to his known sources of income. It is submitted that the petitioner was working as AG-II, F.C.I., Muzaffarpur during the relevant period 27.11.2003 to 22.08.2013. After deducting the income of the petitioner from his known sources of income as well as the loan taken by him for construction of the

Patna High Court Cr.Misc. No.13669 of 2015 (6) dt.30-06-2015 2/2 house and the income of his wife (although there was ostensibly no source of income of the petitioner's wife independently), an amount of more than one crore was found disproportionate to his known sources of income. It is submitted that the calculation was made not in accordance with law. His wife was an income tax assessee since the year 2008-09 and the check period is from 27.11.2003 to 22.08.2013.

There appears from the list appended to the chargesheet that the C.B.I. has calculated the entire amount and found that the petitioner is in possession of the movable and immovable properties disproportionate to his known sources of income, which is more than one crore of rupees. Hence, I am not inclined to enlarge the above named petitioner on anticipatory bail in R.C. Case No. 27(A)/13 (Special Case No. 1/14). Accordingly, the same is rejected.

The petitioner is directed to surrender in the court below within four weeks from the date of receipt / production of a copy of this order and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced from this order.

(Prabhat Kumar Jha, J) Dilip/- U T