Navin Kumar Saha @ Nabin Kumar Saha v. The State Of Bihar Through C.B.I.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33226 of 2021 Arising Out of PS. Case No.-12 Year-2018 Thana- C.B.I CASE District- Patna ====================================================== NAVIN KUMAR SAHA @ NABIN KUMAR SAHA Son of Bhim Narayan Saha Resident of Village - Babhangama, P.S.- Barahat, District - Banka, At present residing at Hope Anand, Flat No. 205, West Boring Canal Road, Patna.

... ... Petitioner/s

Versus

The State of Bihar through C.B.I. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the CBI :

Mr. Bipin Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-12-2021 Let the defect(s), if any, as pointed out by the Office, be removed within four weeks of start of normal functioning of the physical Court.

Heard learned counsel for the petitioner and learned counsel for the CBI.

The petitioner seeks regular bail in connection with Special Case No. 07 of 2020 arising out of R.C. Case No. 12(S)/18 registered for the offence under Sections 120(B) read with Sections 409 and 420 of the IPC and Section 13(2) r/w Section 13(1)(c) and (d) of Prevention of Corruption Act, 1988. The case relates to Srijan scam and the financial irregularities has been committed by the Bank of Baroda, Bhagalpur.

2/4 Learned counsel for the petitioner submits that petitioner is a Bank Manager having falsely been implicated in the present case. He further submits that at the time of occurrence, he was posted as Branch Manager, Bank of Baroda, Bhagalpur from 04.07.2008 to 20.06.2011. He further submits that chargesheet has already submitted on 30.12.2019 and similarly situated co-accused, namely, Sarita Jha has been granted regular by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 10295 of 2021 vide order dated 30.06.2021. Petitioner is in custody since 14.02.2020.

However, learned counsel for the CBI vehementally opposed the prayer for regular bail and submitted that as per chargesheet, more particularly, in paragraph nos. 20 and 22, it is evident that there is specific allegation against the petitioner about irregularities committed by the petitioner being the Branch Manager for the aforesaid period.

Considering the period of custody of the petitioner as well as the aforesaid facts, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I.-IIPatna in connection with Special Case No. 07 of 2020 arising out of

3/4 R.C. Case No. 12/S/18 with following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (ii) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(iii) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

4/4 (v) The petitioner is directed to surrender his Passport before the court below at the time of furnishing his bail bonds. (Rajesh Kumar Verma, J) brajesh kumar/- U T