Abhay Kumar Dutta v. The Union Of India Through Central Beauro Of Investigation, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20193 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- C.B.I CASE District- Patna ====================================================== ABHAY KUMAR DUTTA Son of Late Jiv Nandan Dutta Resident of Sajiv Niwas Near Rashami Niketan, Railway Colony Awadhpuri Digha, P.S.- Digha, District - Patna.

... ... Petitioner/s

Versus

The Union of India Through Central Beauro of Investigation, Bihar, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Bipin Kumar Sinha, CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-07-2022 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 120(B) of the Indian Penal Code and Section 7 of P.C. Act. Allegation against the petitioner is that he had demanded bribe of Rs. 10,000/- for continuance of GST number. It is alleged that the informant complained before S.P., CBI for taking action against the petitioner for demanding bribe. The S.P., CBI arranged a trap and recorded said conversation. Lastly, Rs.7,000/- was paid as bribe to co-accused Saurav Kumar.

It is submitted on behalf of petitioner that complaint

Patna High Court CR. MISC. No.20193 of 2022(2) dt.12-07-2022 2/3 was made on 24.2.2022 and on the same day, verification was done and trap was laid and co-accused, Saurav Kumar was arrested with bribe money on the same day. It is further submitted that nothing has been recovered from the possession of the petitioner and only allegation against him is of demanding bribe. Petitioner expressly denies of his voice in the digital recording. Petitioner has no criminal antecedent and he is in judicial custody since 25.02.2022.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I.-II, Patna, in connection with C.B.I./A.C.B. Patna P.S. Case No. RC 04(A)/2022, subject to conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.20193 of 2022(2) dt.12-07-2022 3/3 fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/veenaU