Akhilesh Kumar Singh v. Central Bureau Of Investigation Through Its Superintendent Of Police, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23125 of 2022 Arising Out of PS. Case No.-7 Year-2021 Thana- C.B.I CASE District- Patna ====================================================== AKHILESH KUMAR SINGH Son of Shri Bhagwan Singh Resident of Village - Sushila Devi Niwas Ram Nigari Road, Ahisana, P.S.- Rajeev Nagar, Distt.- Patna. ... ... Petitioner/s

Versus

Central Bureau of Investigation through its Superintendent of Police, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Mohan Singh, Advocate For the Opposite Party/s :

Mr. Bipin Kumar Sinha, SC for CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and learned Standing Counsel for the CBI.

The petitioner has renewed his prayer for bail in connection with Spl. Case no. 5 of 2021 (arising out of RC 7(A) of 2021) registered under section 7 of the Prevention of Corruption Act.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 8.2.2022 passed in Cr. Misc. no. 60053 of 2021 giving liberty to the petitioner to renew his prayer for bail on framing of charge.

Referring to Annexure-3 to the instant petition it is submitted that charge has been framed against the petitioner by the learned Special Judge CBI-II, Patna on 18.4.2022. The petitioner is in custody since 3.8.2021 and undertakes to

Patna High Court CR. MISC. No.23125 of 2022(2) dt.22-06-2022 2/2 cooperate in the trial.

The application for bail is opposed by learned Standing Counsel appearing for the CBI.

Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner, the observation given in the earlier order of rejection dated 8.2.2022 (Annexure-1), charge having been framed vide Annexure-3 and the petitioner having remained in custody since 3.8.2021, the Court directs the petitioner to be enlarged on bail in connection with Spl. Case no. 5 of 2021 (arising out of RC 7(A) of 2021) on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge, CBI-II, Patna. It is directed that the petitioner shall cooperate in the trial. In case the learned Trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned Trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.

(Partha Sarthy, J) Prakash/- U